دانلود رایگان مقاله چالش اصلاحیه اول قانون اساسی ایالات متحده و اخلاق حرفه ای روابط عمومی

abstract

This paper explains how the European right to be forgotten violates the free flow of information in society, as evidenced by conflicts with the United States Constitution and ethical principles of professional communicators worldwide. As Europe imposes new data protection laws and incorporates the right to be forgotten that promotes censorship through search engine de-linking, United States constitutional law scholars ponder the implications of World Wide Web censorship, while journalists and public relations professionals struggle to understand how accurate transparent communication could occur in an ecosystem that allows for arbitrary information removal and the creation of memory holes. This article explains why the European notion of the right to be forgotten challenges U.S. constitutional law and professional public relations ethics, imperiling the online marketplace of ideas and eroding disclosure of information. The European Data Protection Directive and recent right to be forgotten movements directly conflict with the U.S. Constitution’s First Amendment and professional communications ethics codes. The First Amendment of the U.S. Bill of Rights indicates the specific rights of citizens to freedom from government intervention into freedom of expression and freedom of the press. Recent actions by Google to honor European requests to remove data upon request collide with First Amendment theoretical concepts and contemporary constitutional law. Both the Public Relations Society of America (PRSA) and the International Association of Business Communicators (IABC) construct ethical principles for members that call for the active promotion of the free flow of information and the ethical disclosure of information. The European Data Protection Directive’s right to be forgotten silences these core professional communication ethics and more significantly imperils the robust information exchange in a global society, ultimately altering the discourse and debate in democratic countries. This paper addresses the status of the right to be forgotten in the United States and indicates how adopting such a provision in the United States would violate First Amendment theories, as evidenced by the Marketplace of Ideas Theory,the Meiklejohnian Theory, and theAbsolutist Theory, and would counter traditional public relations ethics codes, conducted in a context of dialogic ethics that calls for adherence to core values advocating for transparency, disclosure, and free flow of information.

5. Conclusion

The impact of the European legal notion of the right to be forgotten on online search engines gives rise to a myriad of legal and constitutional issues for the United States, and manifests serious questions about the macro issues of internet data, privacy, and the role of the public relations professionals in proliferating atmospheres of free flow of information. An emerging tug of war blooms throughout the globe between privacy activists who seek the ability to have information de-linked and First Amendment advocates who claim search engine removal policies “rewrite history” and lead to arbitrary censorship. The compelling need to maintain digital privacy through the control over personal information is now an integral component of privacy discussions. This conflict creates a conundrum for public relations professionals, who are guided by ethical principles to promote a free exchange, yet realize that the right to be forgotten could lead to information censorship and threatencore values. The Google searchengine crosses international borders, complicating the administrationofthe right to be forgotten in the United States as privacy activists urge federal authorities to apply similar standards in the United States. For public relations professionals, it is relevant to consider the active free flow of information within the context of dialogic ethics. The commonly held two way-symmetrical theory of public relations (Grunig & Grunig, 1992) aligns with dialogic ethics, allowing public relations professionals to build relationships with key publics. This dialogue may be interrupted by the right to be forgotten. This paper asserts that the free flow of information in society is imperiled by movements to censor and de-link search engines. First Amendment scholars critique the right to be forgotten as unconstitutional by virtue of the Bill of Rights, citing First Amendment constitutional foundations such as the Marketplace of Ideas Theory, the Meiklejohnian Theory, and the Absolutist Theory as proof points for the repudiation of the “right to be forgotten.” Professionals in public relations and journalism question aspects of government intervention and arbitrary information control. In what have been coined as “deciders” (Rosen, 2012a,b),the workers at Google and other search engines stand to inherit great power of information management that in the United States counters the First Amendment. The consolidation of power at the helm of the search engine leaves the United States adrift from the fundamental principles of the free flow of information that is integral to the practice of democracy. Further, the global internet may be diminished in freedom and openness that it presents today. The transnational legal and economic issues must be addressed in the context of global standards, which may not be compatible when considering the value of privacy rights in Europe in contrast to the protection of free speech rights in the United States.