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Freedom of Speech and Segmenting the Citizens
Unformatted Document Text:  ICA-10-10582 3 emphasizes the functions of the First Amendment. Such an approach, Part III will argue, has a better chance of providing a framework within which the First Amendment Rights of individuals can accommodate the privacy interests of others. After outlining this approach, Part IV will examine the more traditional First Amendment approach perceived as Constitutional Tension and Chilling Effects. Part V will propose a novel framework that will add a critical modification to the relation between privacy and the First Amendment. This approach, rather than merely reciting the ways in which surveillance chills speech, will demonstrate that surveillance and segmentation undermine fundamental rights –such as freedom of association and access to unbiased information. Part V will also argue that the surveillance and segmentation practices of corporations pose a threat to the sustainability of democratic societies by bringing about a decrease in individuals’ trust in her fellow citizens and thereby leading to increased polarization of groups. III) Interpreting the Constitution: Functions of Privacy One of the most important obstacles to the protection of privacy against intrusion by the private sector is the commonplace belief that the protections offered by the constitution only regulate the public sector. Thus, according to this understanding, the First Amendment denies the government any power to restrict the freedom of speech of citizens. This is not conceived as creating a right on the side of the citizens but as a restriction on the side of the government (Cate, 1997, p.51). More importantly, the First Amendment limits the governments’ power to create a right whereby a citizen might restrict the free speech right of another citizen (p.51). This approach finds its philosophical justification in the words of John Stuart Mill. Mill argues that even in cases when the government is at one with the people, it would still be illegitimate to limit the freedom of the press (1859/1989, p.20). However, the question still remains as to whether the segmentation practices of corporations and their use of personal data to manipulate individuals’ opinions should be considered to fall under the

Authors: Popescu, Mihaela. and Baruh, Lemi.
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ICA-10-10582
3
emphasizes the functions of the First Amendment. Such an approach, Part III will argue, has
a better chance of providing a framework within which the First Amendment Rights of
individuals can accommodate the privacy interests of others. After outlining this approach,
Part IV will examine the more traditional First Amendment approach perceived as
Constitutional Tension and Chilling Effects. Part V will propose a novel framework that will
add a critical modification to the relation between privacy and the First Amendment. This
approach, rather than merely reciting the ways in which surveillance chills speech, will
demonstrate that surveillance and segmentation undermine fundamental rights –such as
freedom of association and access to unbiased information. Part V will also argue that the
surveillance and segmentation practices of corporations pose a threat to the sustainability of
democratic societies by bringing about a decrease in individuals’ trust in her fellow citizens
and thereby leading to increased polarization of groups.
III) Interpreting the Constitution: Functions of Privacy
One of the most important obstacles to the protection of privacy against intrusion by
the private sector is the commonplace belief that the protections offered by the constitution
only regulate the public sector. Thus, according to this understanding, the First Amendment
denies the government any power to restrict the freedom of speech of citizens. This is not
conceived as creating a right on the side of the citizens but as a restriction on the side of the
government (Cate, 1997, p.51). More importantly, the First Amendment limits the
governments’ power to create a right whereby a citizen might restrict the free speech right of
another citizen (p.51). This approach finds its philosophical justification in the words of John
Stuart Mill. Mill argues that even in cases when the government is at one with the people, it
would still be illegitimate to limit the freedom of the press (1859/1989, p.20). However, the
question still remains as to whether the segmentation practices of corporations and their use
of personal data to manipulate individuals’ opinions should be considered to fall under the


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