Information Technology Reference
In-Depth Information
1.
“Broadcast media have a uniquely pervasive presence in the lives of all Americans.” [57]
Offensive, indecent material is broadcast into the privacy of citizens' homes. Since
people can change stations or turn their radios on or off at any time, prior warnings
cannot completely protect people from being exposed to offensive material. While
someone may turn off the radio after hearing something indecent, that does not
undo a harm that has already occurred.
2.
“Broadcasting is uniquely accessible to children, even those too young to read.” [57]
In contrast, restricting children's access to offensive or indecent material is possible
in bookstores and movie theaters.
The majority emphasized that its ruling was a narrow one and that the context of the
broadcast was all-important. The time of day at which the broadcast occurred (2 p.m.)
was an important consideration, because that affected the composition of the listening
audience.
Kate is a journalism major who maintains a popular blog focusing on campus life. Kate
attends a private birthday party in someone's apartment for her friend Jerry, a college
student active in the Whig Party on campus. Someone gives Jerry a Tory Party T-shirt as
a gag gift, and Jerry puts it on. Kate uses her cell phone to get a picture of Jerry wearing
the T-shirt when he is looking the other way. Jerry gives Kate a ride home after the party,
but she does not tell him about the photo. When she is back in her apartment, she posts
the photo on her blog. In the blog she identifies Jerry and explains the context in which
the photo was taken.
The story is read by many people both on and off campus. The next day Jerry
confronts Kate, yells at her for posting the photo, and demands that she remove it from
her Web site. Kate complies with Jerry's request by removing the photo, and the two of
them remain friends. As a result of the incident, Jerry becomes more popular on campus,
and the number of people who read Kate's blog increases.
Was it wrong for Kate to post the picture of Jerry on her blog without first getting
his permission?
KANTIAN ANALYSIS
By uploading Jerry's photo to her blog without first asking his permission, Kate didn't
respect Jerry's autonomy. Instead, she treated him as a means to her end of increasing
the readership of her Web site. Therefore, her action was wrong according to the second
formulation of the Categorical Imperative.
SOCIAL CONTRACT THEORY ANALYSIS
The birthday party was held in the apartment of one of Jerry's friends. In this private
setting and among friends Jerry had a legitimate expectation that what happened during
the party would not be broadcast to the world. By secretly taking a photo of Jerry doing
something out of character and posting that photo on her blog, Kate violated Jerry's
right to privacy. For this reason Kate's action was wrong.
