Chapter 3Freedom of SpeechBased on slides prepared .docx

Chapter 3:
Freedom of Speech
Based on slides prepared by Cyndi Chie, Sarah Frye and Sharon
Gray.
Fifth edition updated by Timothy Henry
Copyright © 2018, 2013, 2008 Pearson Education, Inc. All
Rights Reserved
Communication Paradigms
Controlling Speech
Posting, Selling, and Leaking Sensitive Material
Anonymity
The Global Net: Censorship and Political Freedom
Net Neutrality Regulations or the Market?
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2
Regulating communications media
First Amendment protection and government regulation
Print media (newspapers, magazines, books)
Broadcast (television, radio)

Common carries (telephones, postal system)
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3
Print:
Has strongest First Amendment protection
Trend toward fewer government restraints on printed words
Broadcast:
Government regulates structure of industry and content of
programs
Government grants broadcast licenses
Federal Communication Commission (FCC) is the regulating
body
Common carriers:
Provide medium of communication and make service available
to everyone
Telecommunication Act of 1996
Changed regulatory structure and removed artificial legal
divisions of service areas and restrictions on services that
telephone companies can provide.
No provider or user of interactive computer services shall be
treated as a publisher of any information provided by another
information- content provider.
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The Telecommunications Act significantly clarified the question
of the liability of Internet Service Providers (ISPs) and other
online service providers for content posted by third parties such
as members and subscribers.
Service providers remain at risk in many countries. For
example, the head of eBay in India was arrested because
someone sold pornographic videos on eBay’s Indian site even
though the video itself did not appear on the site and the seller
violated company policy by selling them.
4
Communications Decency Act of 1996
First major Internet censorship law
Main parts ruled unconstitutional
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Free-speech Principles
Written for offensive and/or controversial speech and ideas
Covers spoken and written words, pictures, art, and other forms
of expression of ideas and opinions
Restriction on the power of government, not individuals or
private businesses
Rights Reserved

Publishers do not have to publish material they consider
offensive, poorly written, or unlikely to appeal to their
customers for any reason. Rejection or editing by a publisher is
not a violation of the writer’s First Amendment rights. Web
sites, search engine companies, and magazines may decline
specific advertisements if they so choose. That does not violate
the advertiser’s freedom of speech.
6
Free-speech Principles
Supreme Court principles and guidelines
Advocating illegal acts is (usually) legal.
Anonymous speech is protected.
Some restrictions are allowed on advertising.
Libel and direct, specific threats are not protected.
Inciting violence is illegal.
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Cases in recent years have gone against the trend of treating
advertising as “second class” speech. Courts have begun to rule
that restrictions on truthful advertising do indeed violate the
First Amendment.
Similarly, since the 1970s, the government has severely
regulated political campaign speech, but recent Supreme Court
decisions have restored some First Amendment protection for it.
There have been serious attempts to limit or prohibit anonymity
on the Internet.
7

Offensive speech: What is it? What is illegal?
Answers depend on who you are.
Most efforts to censor the Internet focus on pornographic and
other sexually explicit material
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The state of Georgia tried to ban pictures of marijuana from the
Internet. A doctor argued for regulating medical discussion on
the Net so that people would not get bad advice. The Chinese
government restricts reporting of emergencies (such as major
accidents or disasters) and how the government handles them.
The French government approved a law banning anyone except
professional journalists from recording or distributing video of
acts of violence.
The distinctions between categories such as erotica, art, and
pornography are not always clear, and different people have
very different personal standards.
8
What was already illegal?
Obscenity
Depicts a sexual act against state law
Depicts these acts in a patently offensive manner that appeals to
prurient interest as judged by a reasonable person using
community standards
Lacks literary, artistic, social, political or scientific value
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The First Amendment does not protect obscenity, but how does
one determine something is obscene? The 1973 Supreme Court
Miller v. California decision established a three-part guideline
for determining whether material is obscene under law. The
second point – the application of community standards – was a
compromise intended to avoid the problem of setting a national
standard of obscenity in so large and diverse a country. Thus,
small conservative or religious towns could restrict pornography
to a greater extent than cosmopolitan urban areas.
9
Straining old legal standards
The definition of “community”
The definition of “distribution”
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A couple in California opened a computer bulletin board system
(BBS) called Amateur Action that made sexually explicit
images available to members. Most legal observers agreed the
BBS operators would not have been guilty of a crime in
California. A postal inspector in Memphis, Tennessee, working
with a U.S. attorney there, became a member of the BBS and
downloaded sexually explicit images in Memphis. The couple,
who lived and worked in California, were prosecuted in
Tennessee and found guilty of distributing obscenity under local
community standards.
Did the BBS operators send obscene files to Tennessee? BBSs
were accessed through the telephone system. The postal
inspector in Tennessee initiated the telephone call to the BBS
and initiated the transfer of the files. Critics of the prosecution

of the BBS operators argued that it is as if the postal inspector
went to California, bought pornographic pictures and brought
them home to Memphis – then had the seller prosecuted under
Memphis community standards.
10
Freedom of speech guidelines
Distinguish speech from action. Advocating illegal acts is
(usually) legal.
Laws must not chill expression of legal speech.
Do not reduce adults to reading only what is fit for children.
Solve speech problems by least restrictive means.
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Internet Censorship Laws & Alternatives
Communications Decency Act of 1996 (CDA)
Attempted to avoid conflict with First Amendment by focusing
on children
Made it a crime to make available to anyone under 18 any
obscene or indecent communication
Found to be unconstitutional
The worst material threatening children was already illegal
It was too vague and broad
It did not use the least restrictive means of accomplishing the
goal of protecting children
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The CDA was found unconstitutional in American Civil
Liberties Union et al. v. Janet Reno. That decision established
that “the Internet deserves the highest protection from
government intrusion.”
The courts found that the then newly developing filtering
software was less restrictive and more desirable than
censorship.
12
Child Online Protection Act of 1998 (COPA)
More limited than CDA
Federal crime for commercial Web sites to make available to
minors material “harmful to minors” as judged by community
standards
Found to be unconstitutional
It was too broad
It would restrict the entire country to the standards of the most
conservative community
It would have a chilling effect
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Law found to be too broad; would threaten art, news, and health
sites.
Courts noted that because the Web is accessible everywhere, the
community-standards provision would restrict the entire country
to the standards of the most conservative community.

COPA would restrict access to a substantial amount of online
speech that is lawful for adults and would have an
unconstitutional chilling effect on free speech.
After more than 10 years of lawsuits and appeals, the Supreme
Court declined to hear the last government appeal, and COPA
died in 2009.
13
Children's Internet Protection Act of 2000 (CIPA)
Requires schools and libraries that participate in certain federal
programs to install filtering software
Upheld in court
Does not violate First Amendment since it does not require the
use of filters, impose jail or fines
It sets a condition for receipt of certain federal funds
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Outside of public schools and libraries, the trend of judicial
decisions is to give the Internet First Amendment protection
similar to that of print media, that is, the highest degree of
protection.
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Video Games
A California law banned sale or rental of violent video games to
minors.

In 2011, the Supreme Court of California ruled it violated the
First Amendment.
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Some argue that the interactivity of video games has a more
powerful impact on children than passively watching television
or reading a violent story. Others point out that children have
played at killing each other for generations. Does falling down
“dead” on the grass compare to the repeated, explosive gore of a
video game?
The California Supreme Court ruled that “disgust is not a valid
basis for restricting expression.” The Court considered research
on the impact of video games on children’s feelings of
aggression and found that the impacts were small and differed
little from the impact of other media.
15
Alternatives to censorship
Filters
Blocks sites with specific words, phrases or images
Parental control for sex and violence
Updated frequently but may still screen out too much or too
little
Not possible to eliminate all errors
What should be blocked?
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Alternatives to censorship
Policies
Commercial services, online communities, and social
networking sites develop policies to protect members.
Video game industry developed rating system that provides an
indication for parents about the amount of sex, profanity, and
violence in a game.
Rights Reserved
17
Discussion Question
Why is ‘least restrictive means’ important?
Do you consider the Internet an appropriate tool for young
children? Why or why not?
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Child Pornography
Includes pictures or videos of actual minors (children under 18)
engaged in sexually explicit conduct.
Production is illegal primarily because of abuse of the actual
children, not because of the impact of the content on a viewer.
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Laws against creating, possessing, or distributing child
pornography predate the Internet. They cover a broad range of
images, many of which would not meet the definition of
illegally obscene material if the person depicted were an adult.
The mere possession of child pornography does not directly
abuse children, but the Supreme Court accepted the ban on
possession on the argument that the buyers or users of the
images encourage their production.
Law enforcement agents use surveillance, search warrants, sting
operations, and undercover investigations to build their cases
and make arrests.
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Child Pornography
Congress extended the law against child pornography to include
“virtual” child pornography.
The Supreme Court ruled the law violated the First Amendment.
The Court accepted a later law providing harsh penalties for
certain categories of computer-generated and cartoon-type
images.
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“Virtual” child pornography includes computer-generated
images that appear to be minors, as well as other images where
real adults appear to be minors.

20
Sexting
Sending sexually suggestive or explicit text or photos, usually
by cellphone or social media
Can meet the definition of child pornography if subject is under
18
Rights Reserved
Many young people (like many adults) do not think about how
quickly something intended for one person or small group
spreads to a large audience, or how difficult it is to remove
something from cyberspace once it is out there.
Possession of child pornography is illegal, so children who have
pictures of friends under 18 on their phones that prosecutors
think meet the definition of child pornography are potentially in
violation. Should it be a criminal felony with severe penalties
that can include being put in a sex-offender database for many
years?
What other mechanisms (besides child pornography laws) can
we use to discourage sexting?
Legislatures in a few states have revised their state’s law in a
variety of ways to reduce the penalties for sexting. Some have
made it a misdemeanor, rather than a felony, if a younger
person sends an illegal photo to another young person of similar
age. Some have reduced or eliminated penalties if photos were
distributed (among minors) with the consent of the person in the

picture.
21
Spam
What’s the problem?
Loosely described as unsolicited bulk email
Mostly commercial advertisement
Angers people because of content and the way it’s sent
Free speech issues
Spam imposes a cost on recipients
Spam filters do not violate free speech (free speech does not
require anyone to listen)
Rights Reserved
The term spam, in the context of electronic communications,
was adopted in the 1990s to mean unsolicited bulk email. It now
applies to text messages, tweets, and phone calls as well.
Spam developed because email is extremely cheap compared to
printed direct-mail advertising.
22
Spam
Anti-spam Laws
Controlling the Assault of Non-Solicited Pornography and
Marketing Act (CAN-SPAM Act)
Targets commercial spam
Criticized for not banning all spam, legitimized commercial
spam

Rights Reserved
The CAN-SPAM act covers labeling of advertising messages
(for easier filtering), opt-out provisions, and methods of
generating emailing lists.
Commercial messages must include:
valid mail header information (that is, not faking the “From”
line to disguise the sender is prohibited)
valid return address
clear and honest subject lines
23
“Free speech is enhanced by civility.”
-Tim O’Reilly
Rights Reserved
Policies of large companies
A Web site with risks
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Do search engine providers have a social or ethical obligation to
provide complete search results to all queries, or do they have a
social or ethical obligation to omit very offensive sites from
search results?

People should consider potential risks of posting material. They
should consider unintended readers or users and should consider
ways to prevent access by unintended users.
25
Leaks
Type of material
Value to society
Risks to society and individuals
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The Web is a convenient and powerful tool for whistleblowers.
Some leaks serve valuable social purposes.
We should remember that leaking begins with a strong ethical
case against it. Leaked documents are often obtained by hacking
into someone else’s computer or by an insider who violates a
confidentiality agreement. Freedom of speech and press do not
legitimate stealing files and publishing them. This does not
mean that leaking is always wrong. It means that the reasons for
leaking the material must be strong enough to overcome the
ethical arguments against it, and the publisher of the leaked
material must handle it responsibly.
Documents that include significant evidence of serious
wrongdoing are reasonable candidates for leaks.
26
Leaks
Examples

WikiLeaks
Climategate
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WikiLeaks released U.S. military documents related to the wars
in Iraq and Afghanistan, including videos of shooting incidents.
When a long, costly war is controversial, does the public have a
right to see the internal reports and vivid video that can inform
debate? WikiLeaks released a large set of confidential U.S.
diplomatic cables that included, among much else, discussions
of the personalities of foreign leaders.
Climategate emails leaked in 2009 and 2011 showed that
researchers at the University of East Anglia pursued a variety of
methods to deny access to their temperature data by scientists
who question some aspects of global warming. The emails also
described efforts to stop scientific journals from publishing
papers by scientists who are considered skeptics about global
warming. Investigations by the British government and other
groups concluded that the emails did not show scientific
misconduct, but the research center had broken Britain’s
Freedom of Information Act. The reports criticized various
procedures the research group used but not its scientific
conclusions. Some emails discussed criticisms and uncertainties
related to details of the argument that human activity causes
global warming. Researchers discuss such uncertainties in
papers and conferences, but news reports often exclude them. Is
it important for the public to know what is in the emails? What
criteria argue for or against these leaks?
When evaluating the ethics of leaking documents on political or
highly politicized issues, it can be difficult to make judgments

that are independent of our views on the issues themselves.
27
Leaks
Potentially dangerous leaks
Releasing a huge mass of documents
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WikiLeaks released a secret U.S. government cable listing
critical sites, such as telecommunications hubs, dams, pipelines,
supplies of critical minerals, manufacturing complexes, and so
on, where damage or disruption would cause significant harm.
Some might defend publication of the list by arguing that it
encourages better protection of the sites or that terrorists
already know about the sites, but the risks seem to overwhelm
any public value of this leak.
Some cables named whistleblowers, confidential informants,
human rights activists, intelligence officers and Chinese people
(in business, academia, and the Chinese government) who
provided information about social and political conditions in
China. The release of these documents put those people at risk.
The U.S. government documents that WikiLeaks made public
included approximately 250,000 diplomatic cables and
thousands of other documents. The Climategate leaks included
thousands of documents. Did the leakers review and evaluate all
the documents they released to be sure they met reasonable
criteria to justify the leaks? Should they have?
In the spirit of the Web, leakers can now let the public search

through the documents for those of special interest. This can be
valuable, but it can be wrong. Recall that an important
justification for leaking documents that belong to someone else
is that the leaker knows they contain information that the public
should see. On the other hand, selective disclosure can distort
information by presenting it without context.
28
Discussion Question
Does the value of informing the public of controversial and
sensitive information outweigh the dangers and risks?
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Leaks
Responsibilities of operators of Web sites for leaks
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A person or organization establishing a site to publish leaked
documents that serve an important public purpose should
consider the various points already raised, but also has
responsibilities to avoid abuse of the site. The site must have
sufficient security to protect whistleblowers – the people who
supply the documents. There should be a well-thought-out
policy about how to handle requests or demands from law
enforcement agencies (of various countries) for the identity of a

person supplying documents. Verification of the authenticity
and validity of leaked documents, while it can be difficult, is
the responsibility of the site operators.
Freedom of speech and of the press leave us with the ethical
responsibility for what we say and publish.
30
Common Sense and Federalist Papers
Rights Reserved
Thomas Paine’s name did not appear on the first printings of
Common Sense, the book that roused support for the American
Revolution.
The Federalist Papers, published in newspapers in 1787 and
1788, argued for adoption of the U.S. Constitution. The authors,
Alexander Hamilton, James Madison, and John Jay, used the
pseudonym, Publius.
31
Positive uses of anonymity
Protect political speech
Protect against retaliation and embarrassment
Anonymizing services
used by individuals, businesses, law enforcement agencies, and
government intelligence services

Rights Reserved
Anonymizers are services available to send anonymous email.
Reporters, human rights activists, citizens in repressive
countries, and ordinary people use anonymous email to protect
themselves.
Businesses, law enforcement agencies, and government
intelligence services also use anonymizers. A business might
want to keep its research and planning about new products
secret from competitors. If competitors can get logs of Web
sites that a company’s employees visit, they might be able to
figure out what the company is planning.
Anonymous Web surfing aids law enforcement investigations.
Suppose law enforcement agents suspect a site contains child
pornography, terrorist information, copyright-infringing
material, or anything else relevant to an investigation. If they
visit the site from their department computers, they might be
blocked or see a bland page with nothing illegal. (Web sites can
determine the IP addresses of a visitor and can block access
from specified addresses or put up alternate pages for those
visitors.)
32
Negative uses of anonymity
protects criminal and antisocial activities
aids fraud, harassment, extortion, distribution of child
pornography, theft, and copyright infringement
masks illegal surveillance by government agencies

Rights Reserved
Glowing reviews (such as those posted on eBay or
Amazon.com) may actually be from the author, publisher, seller,
or their friends.
U.S. and European countries are working on laws that require
ISPs to maintain records of the true identity of each user and
maintain records of online activity for potential use in criminal
investigations.
33
Is anonymity protected?
Many legal issues about anonymity are similar to those
discussed in Chapter 2.
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Should ISPs be required to notify a member when the ISP
receives a subpoena for the member’s identity, so the person has
an opportunity to fight a subpoena in court?
Should it be the responsibility of law enforcement to develop
tools to find criminals who hide behind anonymity, or should
the task be made easier by requiring that we identify ourselves?
Does the potential for harm by criminals who use anonymity to
hide from law enforcement outweigh the loss of privacy and
restraint on freedom of speech for honest people who use
anonymity responsibly?

34
Discussion Questions
Where (if anywhere) is anonymity appropriate on the Internet?
What are some kinds of Web sites that should prohibit
anonymity?
Where (if anywhere) should laws prohibit anonymity on the
Internet?
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35
Tools for communication, tools for oppression
Authoritarian governments have impeded flow of information
and opinion throughout history.
The vibrant communication of the Internet threatens
governments in countries that lack political and cultural
freedom.
Rights Reserved
Email and fax machines played a significant role during the
collapse of the Soviet Union and the democracy demonstrations
in China’s Tiananmen Square. Facebook and cellphones were

key tools in organizing the 2011 Arab Spring.
Dissidents in Iran, Vietnam, various Middle Eastern countries,
and elsewhere use Skype to communicate because of its strong
encryption. Some countries ban Skype. Others subvert it. Before
the revolution in Egypt in 2011, the Egyptian government, for
example, used spyware to intercept Skype communications.
They did not break Skype’s encryption scheme. Instead, it
appears they planted spyware on people’s computers that
intercepted a communication before it was encrypted on the
sender’s computer or after it was decrypted on the recipient’s
computer. During the revolution, the government temporarily
shut down the Internet and cellphone service entirely.
In some countries, government agents, using social media,
pretend to be dissidents and distribute information about
planned protests; the police arrest anyone who comes.
36
Attempts to limit the flow of information on the Internet similar
to earlier attempts to place limits on other communications
media
Some countries own the Internet backbone within their countries
and block specific sites and content at the border
Some countries ban all or certain types of access to the Internet
Rights Reserved
The government of Iran, at various times, blocked the sites of
amazon.com, Wikipedia, the New York Times, and YouTube. It
also blocked a site advocating the end of the practice of stoning

women. Generally, the government says it blocks sites to keep
out decadent Western culture.
37
Avoiding censorship: the global nature of the Net allows
restrictions (or barriers) in one country to be circumvented by
using networks in other, less restrictive countries.
Creating censorship: the global nature of the Net makes it easier
for one nation to impose restrictive standards on others.
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38
“The office of communications is ordered to find ways to ensure
that the use of the Internet becomes impossible.
The Ministry for the Promotion of Virtue and Prevention of
Vice is obliged to monitor the order and punish violators.”
- Excerpt from Taliban edict banning Internet use in
Afghanistan (2001)
Rights Reserved
39

Discussion Question
Will the Internet and related communication technologies be
tools for increasing political freedom, or will they give more
power to governments to spy on, control, and restrict their
people?
Rights Reserved
40
Aiding foreign censors and repressive regimes
Yahoo and French censorship
Yahoo, eBay and others make decisions to comply with foreign
laws for business reasons
Skype and Chinese control
Chinese government requires modified version of Skype
Rights Reserved
To operate in China, the Chinese government requires Skype
work in a joint venture with a Chinese communications
company (TOM), use a modified version of the Skype software,
and filter out sensitive topics from text chat. According to a
study by a Canadian university, the modified software allowed
widespread surveillance, and TOM stored information from
millions of messages.
41

Aiding foreign censors and repressive regimes
Companies who do business in countries that control Internet
access must comply with the local laws
Google argued that some access is better than no access
Rights Reserved
In 2006, Google disappointed many free speech and human
rights advocates by introducing a Chinese version in China,
google.cn, that would comply with Chinese law. Its search
results did not show sites with banned content.
Google co-founder Sergey Brin, who was born in the Soviet
Union and experienced totalitarian government, was uneasy
with the 2006 censoring decision. Google stopped operating the
censored search engine in 2010. The company withdrew most
operations from China but offered its search service through
Hong Kong, which, though part of China, has different laws.
The main impetus for the change was the highly sophisticated
hack attack originating in China on Google and about 30 other
companies. A primary goal of the attack appeared to be access
to Gmail accounts of Chinese human rights activists.
42
When U.S. or other non-Chinese companies set up branches in
China and comply with restrictive laws, should we view them as
providing more access to information in China than would
otherwise exist, albeit not as much as is technically possible?
Should we view them as partners in the Chinese government’s
ethically unacceptable restriction on debate and access to
information by its citizens?

Should we view them as appropriately respecting the culture
and laws of the host country?
Rights Reserved
43
What impact does the global net have on free speech?
Does censorship in other countries have an impact on free
speech in the U.S.?
How does free speech in ‘free countries’ impact more restrictive
countries?
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Selling surveillance tools
Repressive governments intercept citizens’ communications and
filter Internet content.
Companies in Western democracies sell them the sophisticated
tools to do so.
Rights Reserved

The companies say the tools are for criminal investigations.
45
Shutting down communications in free countries
Public safety
In the U.S., the Supreme Court would probably declare
unconstitutional a law that authorized a government agency to
order a private communications service to shut down.
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Does shutting down communication services in free countries
give excuses to dictators in unfree countries?
Mobs used cellphones to coordinate attacks in Britain. People in
the government (and others) argued that Research in Motion
should shut down BlackBerry Messenger. It did not.
Shortly after the violence in England, the Bay Area Rapid
Transit system (BART) in the San Francisco Bay Area shut off
wireless service at some of its subway stations after learning of
a plan to “use mobile devices to coordinate…disruptive
activities and communicate about the location and number of
BART Police.” BART is a government agency. It owns the
communications equipment and said its contracts with cell
service companies allow it to shut off the service when it thinks
necessary. Did it threaten freedom of speech, or was it a
legitimate safety decision.
46
Net Neutrality
Refers to a variety of proposals for restrictions on how

telephone and cable companies interact with their broadband
customers and set fees for services.
Rights Reserved
There are two different but related issues: (1) whether the
companies that provide the communications networks should be
permitted to exclude or give different treatment to content based
on the content itself, on the category of content, or on the
company or organization that provides it, and (2) whether the
companies that provide the communications networks should be
permitted to offer content providers and individual subscribers
different levels of speed and priority at different price levels.
The latter is sometimes called “tiered” service.
47
Net Neutrality
Argue for equal treatment of all customers
Market
Flexibility and market incentives will benefit customers
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Net Neutrality
Equal treatment includes charging all customers the same rate
for sending information over the Internet and not giving priority
to any particular content or customer.
Would restore part of the concept of common carrier (as
described in Section 3.1), based partly on the view that

telephone companies (now telephone and cable) have a
monopoly on transmission of information and that companies
that control transmission should not be permitted to control
access to content as well.
Many Internet content providers and large companies such as
eBay, Microsoft, Amazon, Netflix, and Google, argue for net-
neutrality rules. Without the rules, some argue, they will have
to pay higher rates and communications companies will give
special treatment to their own content providers. Some groups
argue that allowing communications companies to set varying
rates would be devastating for the Internet as it would squeeze
out independent voices. Only big companies and organizations
will be able to afford the prices necessary to ensure that their
content moves fast enough to be relevant.
Market
Charging different rates for products and services is not unusual
and makes economic sense in many areas.
Before the FCC relaxed older regulations (in 2003-2005),
telecommunications companies had little incentive to invest in
broadband capacity. In the few years afterward, they invested
hundreds of billions of dollars. Speeds increased, prices fell,
and the added capacity was essential for new phenomena such
as streaming video.
Opponents of additional regulations say there should be no
major new regulation without evidence of harm in the current
system.
48
Should companies be permitted to exclude or give special
treatment to content transmitted based on the content itself or
on the company that provides it?
Should companies be permitted to provide different levels of
speed at different prices?

Rights Reserved
The huge surge of traffic due to smartphones and tablets
heightened issues of net neutrality. In 2010, video made up
more than 75% of mobile data traffic. Does it make sense to
treat such traffic differently? Should it have high priority (like
voice calls) because delays are annoying to the customer?
Should it have lower priority because it uses so much
bandwidth? Should service providers make such decisions, or
should Congress and the FCC make them?
When people watch a video on a smartphone, they often do not
watch the whole thing. A company developed techniques to send
a video to the user in segments as he or she watches (without
increasing delays), rather than sending the entire video as fast
as possible. The company said this approach could cut data
transfer in half. Can regulators write net neutrality rules that
allow and encourage such technological solutions for reducing
traffic, or will rigid rules stifle or discourage them?
49
Renaissance Historical Context
1429
Joan of Arc liberates Orleans
1431
Joan of Arc burned at the stake
1434
Exiled Cosimo de Medici returns to control Florence
1440
Platonic Academy founded in Florence
1445

Guttenberg begins selling one of the first books published with
movable type in the West (movable type invented in China
about 400 years earlier)
1453
Turks take Constantinople
1469
Lorenzo de Medici rules Republic of Florence
1470
Portuguese explorers reach Africa's Gold Coast
1484
Pope Innocent VII succeeds to papacy and outlaws witchcraft
1492
Columbus travels to West Indies and South America
1511
First road map of Europe published
1517
Beginning of Protestant Reformation
1522
First circumnavigation of the earth
1527
Sack of Rome
Significant developments in the western world view become
influential by the 1400s: Increased exploration of the
worldScientific investigation of nature and the human
bodyMedieval religious zeal becomes more
temperedDevelopment of the city-state and nationsGrowth of
capitalism and tradeGuilds become more powerful and women's
participation in them less commonThe artist's social standing is
eventually elevated from skilled laborer to gifted intellectual
Humanism: a cultural and intellectual movement during the
Renaissance, following the rediscovery of the art and literature
of ancient Greece and Rome. A philosophy or attitude
concerned with the interests, achievements and capabilities of
human beings rather than with the abstract concepts and
problems of theology.
Francesco Petrarch is often called the "Father of Humanism."

He was a scholar and a poet who lived in Florence in the 1300s
who studied poets and philosophers from Ancient Rome such as
Cicero and Virgil.
Neo-Platonism Renaissance philosophy that liberally merged
Christian and pagan doctrineProposed that all life was linked to
God by a spiritual circuitTherefore, all revelation (whether from
the Bible, Plato or classic myth) was oneBeauty, love and
spiritual ecstasy were all the same thingOne could attain
spiritual ecstasy through the contemplation of beauty
High Renaissance 1490 - 1520 Concept of the "Renaissance
ideal" fully adopted by the aristocracyArtists recognized as
intellectuals rather than craftsmenArtists receive more
commissions from private sourcesOil on canvas becomes
preferred painting media
Roman Empire
1st Century BCE – 5th Century CE (27 BCE - 476 CE)
Middle Age/Medieval Period + Byzantine
5th – 15th Centuries (400s-1400s)
Dark Ages/Early Middle Ages (400-1000), High Middle Ages
(1000- 1300),
Romanesque (1150-1250), Late Middle Ages/Proto Renaissance
(1300-1500),
Gothic Art (1150-1500)
The Renaissance
15th – 16th Centuries (1400s-1500s)
Early Renaissance (1400-1475), High Renaissance (1475-1525),

Mannerism (1525-1600)
Baroque Period
17th Century (1600s)
Gothic Architecture: Notre Dame de Chartres
(Our Lady of Chartres) Cathedral, 1145-1513, Chartres, France

Video Questions:
1. What role does light play in a Gothic church?
2. What was the inspiration for Notre Dame de Chartres?
3. How does this church represent society at the time?
http://www.youtube.com/watch?v=w8QRG-Xc6oU
http://www.youtube.com/watch?v=dN5XRW7T0cc
http://www.youtube.com/watch?v=vAtQB9wLkUA
http://www.youtube.com/watch?v=dN5XRW7T0cc
http://www.youtube.com/watch?v=vAtQB9wLkUA
Gothic Painting: Duccio (c.1255-1319) Maestà del Duomo di
Siena
1311, tempera and gold on wood, center panel: 7 x 13 feet

Gothic Painting: Duccio (c.1255-1319) Maestà del Duomo di
Siena
1311, tempera and gold on wood, center panel: 7 x 13 feet
Gothic Painting: Giotto (c.1255-1319) Lamentation, c. 1305
fresco, 72 x 78 inches
Gothic Painting: Giotto (c.1255-1319) interior frescos of the
Scrovegni
Chapel, Padua (Padova), Italy
Scrovegni
Scrovegni
Renaissance Painting: Masaccio (c.1255-
1319) The Holy Trinity, 1425
fresco, 21 feet x 10 feet

Renaissance Painting: Masaccio (c.1255-1319) The Holy
Trinity, 1425
“I was what you are, and what I am you shall become.”
Renaissance Sculpture: Donatello (c.1386-1466)
David, c.1425-30 bronze, 62 inches high
Renaissance Sculpture: Donatello (c.1386-1466)
Mary Magdalene, c.1455, wood, 74 in. high
Renaissance Painting: Sandro Botticelli (c.1445-1510)
Birth of Venus, c.1480, tempera on canvas, 5’8” x 9’1”
Primavera, c.1482, tempera on panel, 6’6” x 10’4”
L to R: Mercury, Three Graces, Venus, Flora, Chloris, Zephyrus
Detail: Primavera, c.1482, tempera on panel, 6’6” x 10’4”

Renaissance Painting: Leonardo Da Vinci (c.1452-1519)
Drawings: Vitruvian Man, 1490, and Babe in the Womb c.1510
Mona Lisa, 1503-1506, oil on wood
sfumato technique
The Last Supper, 1495-1498, experimental paints on plaster,
14’5” x 28’
The Last Supper, 1495-1498, rendering to show original state
14’5” x 28’
14’5” x 28’

Renaissance Painting: Leonardo
Da Vinci (c.1452-1519)
The Last Supper, 1495-1498,
experimental paints on plaster,
14’5” x 28’
Renaissance Painting: Michelangelo (1475-1564)
The Creation of Adam, Sistine Chapel Ceiling, 1508-1512,
fresco
Sistine Chapel 1508-1512, fresco
Last Judgment, Sistine Chapel 1537-1541, fresco
Renaissance Sculpture: Michelangelo (1475-1564)
David, 1501-1504, marble, height: 14’
Pietà, c.1500, marble, height: 5’9”

Pietà, c.1500, marble, height: 5’9”
Renaissance Architecture: Michelangelo, Bramante, Maderno
and Bernini
Saint Peter’s Basilica, Rome, 1506-1626
and Bernini
and Bernini
Renaissance Architecture:
Michelangelo, Bramante,
Maderno and Bernini
Saint Peter’s Basilica, Rome,
1506-1626
Renaissance Painting: Raphael
School of Athens, 1509-1510, fresco, 16’6” x 25’, inside the
Vatican

Renaissance Painting: Raphael
School of Athens, 1509-1510, fresco, 16’6” x 25’, inside the
Vatican
1: Zeno of Citium 2: Epicurus Possibly, the image of two
philosophers, who were typically shown in pairs
during the Renaissance: Heraclitus, the "weeping" philosopher,
and Democritus, the "laughing" philosopher.
3: unknown (believed to be Raphael)[14] 4: Boethius or
Anaximander or Empedocles? 5: Averroes
6: Pythagoras 7: Alcibiades or Alexander the Great? 8:
Antisthenes or Xenophon or Timon?
9: Raphael,[14][15][16] Fornarina as a personification of
Love[17] or Francesco Maria della Rovere? 10: Aeschines
or Xenophon? 11: Parmenides? (Leonardo da Vinci) 12:
Socrates 13: Heraclitus (Michelangelo) 14: Plato
(Leonardo da Vinci) (Archimedes) 15: Aristotle (Giuliano da
Sangallo) 16: Diogenes of Sinope 17: Plotinus
(Donatello?) 18: Euclid or Archimedes with students
(Bramante?) 19: Strabo or Zoroaster? (Baldassare
Castiglione) 20: Ptolemy? R: Apelles (Raphael) 21: Protogenes
(Il Sodoma, Perugino, or Timoteo Viti)[18]
http://en.wikipedia.org/wiki/Zeno_of_Citium
http://en.wikipedia.org/wiki/Zeno_of_Citium
http://en.wikipedia.org/wiki/Epicurus
http://en.wikipedia.org/wiki/Heraclitus
http://en.wikipedia.org/wiki/Democritus
http://en.wikipedia.org/wiki/Raphael
http://en.wikipedia.org/wiki/The_School_of_Athens
http://en.wikipedia.org/wiki/Boethius
http://en.wikipedia.org/wiki/Anaximander

http://en.wikipedia.org/wiki/Empedocles
http://en.wikipedia.org/wiki/Averroes
http://en.wikipedia.org/wiki/Pythagoras
http://en.wikipedia.org/wiki/Alcibiades
http://en.wikipedia.org/wiki/Alexander_the_Great
http://en.wikipedia.org/wiki/Antisthenes
http://en.wikipedia.org/wiki/Xenophon
http://en.wikipedia.org/wiki/Timon_of_Athens_%28person%29
http://en.wikipedia.org/wiki/Fornarina
http://en.wikipedia.org/wiki/Francesco_Maria_I_della_Rovere,_
Duke_of_Urbino
Duke_of_Urbino
Duke_of_Urbino
Duke_of_Urbino
http://en.wikipedia.org/wiki/Aeschines_of_Sphettus
http://en.wikipedia.org/wiki/Xenophon
http://en.wikipedia.org/wiki/Parmenides
http://en.wikipedia.org/wiki/Leonardo_da_Vinci
http://en.wikipedia.org/wiki/Socrates
http://en.wikipedia.org/wiki/Heraclitus
http://en.wikipedia.org/wiki/Michelangelo
http://en.wikipedia.org/wiki/Plato
http://en.wikipedia.org/wiki/Leonardo_da_Vinci
http://en.wikipedia.org/wiki/Archimedes
http://en.wikipedia.org/wiki/Aristotle
http://en.wikipedia.org/wiki/Giuliano_da_Sangallo
http://en.wikipedia.org/wiki/Diogenes_of_Sinope
http://en.wikipedia.org/wiki/Diogenes_of_Sinope
http://en.wikipedia.org/wiki/Plotinus

http://en.wikipedia.org/wiki/Donatello
http://en.wikipedia.org/wiki/Euclid
http://en.wikipedia.org/wiki/Archimedes
http://en.wikipedia.org/wiki/Donato_Bramante
http://en.wikipedia.org/wiki/Strabo
http://en.wikipedia.org/wiki/Zoroaster
http://en.wikipedia.org/wiki/Baldassare_Castiglione
http://en.wikipedia.org/wiki/Ptolemy
http://en.wikipedia.org/wiki/Apelles
http://en.wikipedia.org/wiki/Raphael
http://en.wikipedia.org/wiki/Protogenes
http://en.wikipedia.org/wiki/Il_Sodoma
http://en.wikipedia.org/wiki/Il_Sodoma
http://en.wikipedia.org/wiki/Perugino
http://en.wikipedia.org/wiki/Timoteo_Viti
Renaissance Painting: Raphael (1483-1520)
Left: Madonna and Child with Book, 1504, oil on panel
Right: Madonna of the Goldfinch c.1506, oil on panel
Renaissance Painting: Raphael (1483-1520)
Detail: Madonna and Child with Book, 1504, oil on panel
http://www.youtube.com/watch?v=R-FlyGpMXdM

http://www.youtube.com/watch?v=tiYmkMgBECk
http://www.youtube.com/watch?v=vnV_S2z1ZMs
http://www.youtube.com/watch?v=tiYmkMgBECk
http://www.youtube.com/watch?v=vnV_S2z1ZMs
What was happening in the 1400s???
-state and nations
participation in them less common
skilled laborer to gifted intellectual
Renaissance, following the rediscovery of the art and
literature of ancient Greece and Rome. A philosophy or

attitude concerned with the interests, achievements and
capabilities of human beings rather than with the abstract
concepts and problems of theology. Francesco Petrarch is
often called the "Father of Humanism." He was a scholar and
a poet who lived in Florence in the 1300s who studied poets
and philosophers from Ancient Rome such as Cicero and
Virgil.
Neo-Platonism
pagan doctrine
er from the Bible, Plato or
classic myth) was one
contemplation of beauty
Di Cambio, Talenti., Orcagna and others, Florence Cathedral
(Duomo), 1296--‐1378, architecture/stone, brick,
marble; Brunelleschi: Drum/Dome, 1420--‐1436; Campanile:
GioIo, Pisano and Talenti, c.1334--‐50.

(Duomo), 1296--‐1378, architecture/stone, brick,
marble; Brunelleschi: Drum/Dome, 1420--‐1436; Campanile:
GioIo, Pisano and Talenti, c.1334--‐50.
Masaccio (c.1255-1319) The Holy Trinity, 1425
Sandro Botticelli (c.1445-1510) Birth of Venus, c.1480, tempera
on canvas, 5’8” x 9’1”
Sandro Botticelli (c.1445-1510) Primavera, c.1482, tempera on
panel, 6’6” x 10’4”
L to R: Mercury, Three Graces, Venus, Flora, Chloris, Zephyrus
panel, 6’6” x 10’4”
Detail

Leonardo Da Vinci (c.1452-1519) Drawings: Vitruvian Man,
1490, and Babe in the Womb c.1510
Leonardo Da Vinci (c.1452-1519) Mona Lisa, 1503-1506, oil on
wood
sfumato technique
Leonardo Da Vinci (c.1452-1519) The Last Supper, 1495-1498,
experimental paints on plaster, 14’5” x 28’
Copy After Leonardo Da Vinci (c.1452-1519) The Last Supper
Leonardo Da Vinci (c.1452-1519) The Last Supper
Michelangelo (1475-1564) The

Creation of Adam, Sistine Chapel
Ceiling, 1508-1512, fresco
Michelangelo (1475-1564) The Creation of Adam, Sistine
Chapel Ceiling, 1508-1512, fresco
Michelangelo (1475-1564) Last Judgment, Sistine Chapel 1537-
1541, fresco
Michelangelo (1475-1564) David, 1501-1504, marble, height:
14’
Michelangelo (1475-1564) Pietà, c.1500, marble, height: 5’9”
Michelangelo, Bramante, Maderno and Bernini Saint Peter’s
Basilica, Rome, 1506-1626

Raphael School of Athens, 1509-1510, fresco, 16’6” x 25’,
inside the Vatican
inside the Vatican
inside the Vatican
philosophers, who were typically shown in pairs during the
Renaissance:
Heraclitus, the "weeping" philosopher, and Democritus, the
"laughing" philosopher. 3: unknown (believed to be
Raphael)[14] 4:
Boethius or Anaximander or Empedocles? 5: Averroes 6:
Pythagoras 7: Alcibiades or Alexander the Great? 8: Antisthenes
or
Xenophon or Timon? 9: Raphael,[14][15][16] Fornarina as a
personification of Love[17] or Francesco Maria della Rovere?

10:
Aeschines or Xenophon? 11: Parmenides? (Leonardo da Vinci)
12: Socrates 13: Heraclitus (Michelangelo) 14: Plato (Leonardo
da
Vinci) (Archimedes) 15: Aristotle (Giuliano da Sangallo) 16:
Diogenes of Sinope 17: Plotinus (Donatello?) 18: Euclid or
Archimedes
with students (Bramante?) 19: Strabo or Zoroaster? (Baldassare
Castiglione) 20: Ptolemy? R: Apelles (Raphael) 21: Protogenes
(Il
Sodoma, Perugino, or Timoteo Viti)[18]
Left: Madonna and Child with Book, 1504, oil on panel Right:
Madonna of the Goldfinch c.1506, oil on panel
Ecstasy
1. an overwhelming feeling of great happiness or joyful
excitement. "there was a look of ecstasy on his face"
synonyms: rapture, bliss, elation, euphoria
2. an emotional or religious frenzy or trancelike state,
originally one involving an experience of mystic self-
transcendence.
Transcendence
1. exceeding usual limits: surpassing

2. extending or lying beyond the limits of ordinary
experience in Kantian philosophy: being beyond the limits
of all possible experience and knowledge
3: being beyond comprehension
4: transcending the universe or material existence
Ideal
1. a conception of something in its perfection.
2. a standard of perfection or excellence.
3. a person or thing conceived as embodying such a
conception or conforming to such a standard, and
taken as a model for imitation.
4. an ultimate object or aim of endeavor, especially one
of high or noble character.
5. something that exists only in the imagination.
High Renaissance 1490 - 1520
(Late 15th/Early 16th Centuries)
• Concept of the "Renaissance ideal" fully adopted by
the aristocracy
• Artists recognized as intellectuals rather than
craftsmen
• Artists receive more commissions from private sources,
not just the Church
• Oil on canvas becomes preferred painting media,

instead of tempera on wood or fresco (painting on wet
plaster)
In Art History, the two
most important
places for
Renaissance Art were
Italy (especially
Florence/Firenze) and
“The North” (the
Netherlands and
Belgium, known as
“Flanders”.)
Increased exploration of the world
Scientific investigation of nature and the human body
Medieval religious zeal becomes more tempered
Development of the city-state and nations
Growth of capitalism and trade
Guilds become more powerful and women's participation in
them less common
The artist's social standing is eventually elevated from skilled
laborer to gifted intellectual

Renaissance, following the rediscovery of the art and literature
of ancient Greece and Rome. A philosophy or attitude
concerned with the interests, achievements and capabilities of
human beings rather than with the abstract concepts and
problems of theology. Francesco Petrarch is often called the
"Father of Humanism." He was a scholar and a poet who lived
in Florence in the 1300s who studied poets and philosophers
from Ancient Rome such as Cicero and Virgil.
Neo-Platonism
Renaissance philosophy that liberally merged Christian and
pagan doctrine
Proposed that all life was linked to God by a spiritual circuit
Therefore, all revelation (whether from the Bible, Plato or
classic myth) was one
Beauty, love and spiritual ecstasy were all the same thing
One could attain spiritual ecstasy through the contemplation of
beauty
(Duomo), 1296--‐1378, architecture/stone, brick, marble;
Brunelleschi: Drum/Dome, 1420--‐1436; Campanile: GioIo,
Pisano and Talenti, c.1334--‐50.
Fillipo Brunelleschi, Hospital of the Innocents, 1419-1485,
architecture/stone, brick, marble, Florence, Italy

Bambino Tondi by Andrea della Robbia (1435-1525) Also: Head
of a Young Man, 1470, Luca della Robbia1400–1482
Sandro Botticelli (c.1445-1510) Birth of Venus, c.1480, tempera
on canvas, 5’8” x 9’1”
panel, 6’6” x 10’4”
L to R: Mercury, Three Graces, Venus, Flora, Chloris,
Zephyrus

panel, 6’6” x 10’4”
Detail
Leonardo Da Vinci (c.1452-1519) Drawings: Vitruvian Man,
1490, and Babe in the Womb c.1510
Leonardo Da Vinci (c.1452-1519) Mona Lisa, 1503-1506, oil on
wood
sfumato technique
Leonardo Da Vinci (c.1452-1519) The Last Supper, 1495-1498,
experimental paints on plaster, 14’5” x 28’
Copy After Leonardo Da Vinci (c.1452-1519) The Last Supper

Michelangelo (1475-1564) Last Judgment, Sistine Chapel 1537-
1541, fresco

Michelangelo (1475-1564) David, 1501-1504, marble, height:
14’

inside the Vatican
inside the Vatican
inside the Vatican
philosophers, who were typically shown in pairs during the
Renaissance: Heraclitus, the "weeping" philosopher, and
Democritus, the "laughing" philosopher. 3: unknown (believed
to be Raphael)[14] 4: Boethius or Anaximander or Empedocles?
5: Averroes 6: Pythagoras 7: Alcibiades or Alexander the Great?
8: Antisthenes or Xenophon or Timon? 9: Raphael,[14][15][16]
Fornarina as a personification of Love[17] or Francesco Maria
della Rovere? 10: Aeschines or Xenophon? 11: Parmenides?
(Leonardo da Vinci) 12: Socrates 13: Heraclitus (Michelangelo)
14: Plato (Leonardo da Vinci) (Archimedes) 15: Aristotle
(Giuliano da Sangallo) 16: Diogenes of Sinope 17: Plotinus

(Donatello?) 18: Euclid or Archimedes with students
(Bramante?) 19: Strabo or Zoroaster? (Baldassare Castiglione)
20: Ptolemy? R: Apelles (Raphael) 21: Protogenes (Il Sodoma,
Perugino, or Timoteo Viti)[18]
Left: Madonna and Child with Book, 1504, oil on panel Right:
Madonna of the Goldfinch c.1506, oil on panel
Ecstasy
1. an overwhelming feeling of great happiness or joyful
excitement. "there was a look of ecstasy on his face"
synonyms: rapture, bliss, elation, euphoria
2. an emotional or religious frenzy or trancelike state, originally
one involving an experience of mystic self-transcendence.
Transcendence
1. exceeding usual limits: surpassing
2. extending or lying beyond the limits of ordinary
experience in Kantian philosophy: being beyond the limits of all
possible experience and knowledge
3: being beyond comprehension
4: transcending the universe or material existence

Ideal
1. a conception of something in its perfection.
2. a standard of perfection or excellence.
3. a person or thing conceived as embodying such a
conception or conforming to such a standard, and
taken as a model for imitation.
4. an ultimate object or aim of endeavor, especially one
of high or noble character.
5. something that exists only in the imagination.
High Renaissance 1490 - 1520
(Late 15th/Early 16th Centuries)
Concept of the "Renaissance ideal" fully adopted by the
aristocracy
Artists recognized as intellectuals rather than craftsmen
Artists receive more commissions from private sources, not just
the Church
Oil on canvas becomes preferred painting media, instead of
tempera on wood or fresco (painting on wet plaster)
In Art History, the two most important places for Renaissance
Art were Italy (especially Florence/Firenze) and “The North”
(the Netherlands and Belgium, known as “Flanders”.)

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