Question

Kalua and Anahi discussed a recent story they had read in an online news feed. Kalua said he was going to post a comment but decided not to when he realized he could not remove his comment after it was posted. Anahi said she was concerned about whether the article was real news or fake news and how it would affect the individuals in the story. Kalua said he wondered what the possibility was of having the story removed if it was fake news. Anahi wondered if it could be removed if it was true, because it was really a personal matter between the individuals and should not have been published. Later in the day Kalua called Anahi and said that he had read another article that said under one of the U.S. Constitution Amendments, it was almost impossible to have stories removed from the Internet and that people in the U.S. lack the “right to be forgotten” except in rare circumstances. Which Amendment to the U.S. Constitutional affects the rights of individuals to be forgotten on the Internet?

Answer 1

Answer: First Amendment.

Step-by-step explanation:

The right to be forgotten refers to the possibility in certain cases to require search engines to eliminate links about people´s past because previous acts or offenses can be prejudicial if shown on the internet. It´s a legal concept accepted in the European Union but constitutes an impermissible form of compelled speech according to the First Amendment.

Answer 2

The First Amendment of the United States Constitution prohibits, among other things, the reduction of freedom of expression, that violates the freedom of the press, that interferes with the right of peaceful assembly or that prohibits requesting compensation for governmental grievances. It was adopted on December 15, 1791, as the first of the ten amendments to the Bill of Rights.

Step-by-step explanation:

Court Magistrates Oliver Wendell Holmes and Louis D. Brandeis argued that the rights of expression could only be punished if they presented a "clear and present danger" of imminent harm. Simple political expressiveness, they said, was protected by the First Amendment. Eventually, these magistrates were able to convince most of the Court to adopt the "clear and current damage test."

in 1969, in Branderburg vs. Ohio, the Supreme Court repealed the conviction of a member of the Ku Klux Klan, setting a new standard: “The expression can only be suppressed if it is addressed to, and probably produces "an imminently unlawful action." Otherwise, even the expression that promulgates violence is protected” The Brandenberg standard prevails today.

Now, regarding internet, the law 202.5 that specifically prohibit surveillance and sexual predatory actions against children through internet, prevents sex offenders from having access to web pages that allows them to have contact with minors or to obtain information regarding them. Though, in the Packingham case it was estimated that this law attempts against the rights of the first amendment. the Supreme Court of the united states

Finally declared: “A fundamental principle of the first amendment is that all people have access to places where they can talk and listen, and then, after reflection, talk and listen once more. The Court has sought to protect the right to speak in this spatial context”