were ordered to remove their web page from the Internet. In addition Stormfront, Inc., the Internet company that provided ALPHA HQ its domain name service, was also named in the case and was ordered not to provide any more service. Wilson did not contest the charges and the site was removed from the Internet. This case set a precedent where a judge ordered a Web site to be shut down because the information on it was harmful. The Brandenburg standard makes it hard to punish online hate speech. Indeed, the call for lawless action can be proved but the imminent action resulting from it is hard to demonstrate. Thus, on the Internet people can post messages on bulletin board, for instance, calling for action, but as long as the message does not provoke violent reactions, it will be protected. Regardless, when a person is targeted because of race, religion or sexual orientation the perpetrator can face enhanced penalty. If there is evidence that a racist thought, for instance, led to a racist assault, as in Wisconsin v. Mitchell, and that the victim was picked according to his/her race, the statement receives no First Amendment protection. The same is true for hateful views expressed on the Internet. VI.Internet Service Provider’s liability: The Communication Decency ActIn an attempt to protect children from indecent material, Congress passed the Communications Decency Act (CDA) in 1996 as part of the Telecommunications Act of 1996. It made it a crime to send or display “obscene or indecent” material to minors on the Internet. As President Clinton signed the bill, the American Civil Liberties Union challenged it. In 1997, the Supreme Court had its first case about cyberspace, Reno v. American Civil Liberty Union. The CDA was declared too broad, since it banned offensive material, in general. The Court had to admit that the Internet was a unique medium that could not be regulated like broadcasting. However, ...
