A federal judge on Thursday dealt another blow to government efforts to control Internet pornography, striking down a 1998 U.S. law that makes it a crime for commercial Web site operators to let children access "harmful" material.
In the ruling, the judge said parents can protect their children through software filters and other less restrictive means that do not limit the rights of others to free speech.
"Perhaps we do the minors of this country harm if (free speech) protections, which they will with age inherit fully, are chipped away in the name of their protection," wrote Senior U.S. District Judge Lowell Reed Jr., who presided over a four-week trial last fall.
The law would have criminalized Web sites that allow children to access material deemed "harmful to minors" by "contemporary community standards." The sites would have been expected to require a credit card number or other proof of age. Penalties included a $50,000 fine and up to six months in prison. - (Source)
I won't argue that children shouldn't be looking at porn and that simple age verification methods aren't enough to block certain website content from being available. Anyone with about two ounces of common sense about how the internet works, including young children, can find porn on the internet without ever leaving even the most popular search domains such as Yahoo, Google, and MSN.
Just yesterday, I was looking for the image I ended up using in my post entitled
Forcing Women, a post that dealt with a North Carolina law proposal that would require (force) women to view ultrasounds of their unborn fetus before getting an abortion. I wanted an image depicting a women being subjected to duress at the hands of an authoritarian figure to emphasize the post. At first, I tried searching "SVU," "Law and Order," and other various police/interrogation style searches to get an appropriate image. But I wanted one involving a woman and so I next tried searching the phrase "interrogation of women" and on my computer I have the "Safe Search" feature turned off on my search engines because sometimes I'm looking for images for my posts that would normally be blocked by the internet filter.
Whoa baby did I get an eyeful of porn. And not just porn but sado-masochistic- wrapped-in-leather-dominatrix style porn. Group porn, guy porn, all sorts of porn. Sometimes, it seems, finding porn on the internet is almost unavoidable. For example, turn your search engine off and do a search on 'bushes' and see what pops up. And uh...if you
are going to try that search and your children are with you reading
this site (which itself has been found
objectionable to children), please tell them to look away or leave the room.
My point is that it's almost unavoidable to see some porn on the internet but that through a variety of safeguards, filters, and software, as the judge pointed out, a lot of objectionable material online can be filtered out.
Kind of seems to ring with the whole small government/personal responsibility/accountability meme that some wings of society ascribe to. Why they're not speaking up and being more vocal in support of this ruling...
That said, I agree with the ruling because of how the law would have criminalized those websites. If the law is intended to criminalize based on material that is deemed "harmful to minors" by "contemporary community standards," than there are plenty of other sites that should be subject to the same types of standards. Sites that could fit that classification include:
God Hates Fags - a site which has protested even soldiers funerals and blamed homosexuals for all the ills of the nation
Aryan-Nations which proclaims on it's home page "Violence Solves Everything"
Hal Turner - one of the most outspoken racists today.
Free Republic from time to time, where a commenter last year had suggested alerting sexual predators to the location of child day care centers used by employees of
The New York Times. If
that's not harmful to minors...
Porn sires are not something I want my children looking at. But I don't want them looking at racist or hateful sites either so as a defense of free speech, either we restrict them all equally across the board or we don't restrict them at all. It's a terrible argument, I know, but to be fair, that's the only conclusion I can come up with.
Then again, what type of country do we become when we begin censoring websites and their content and start actively denying a forum that has been created for like-minded people? Does not agreeing with it on a personal level provide all the justification to add such a law onto the books? Some people happen to like porn just like some people happen to feel that whites are better than anybody else and some feel that god blames all the woes of the world on homosexuals.
How do we decide what to block and what not to and based on what criteria do we levy fines and penalties or censorship efforts against violators? It's certainly a slippery slope but I think the judge made the only decision he could. Some will surely argue, and already they are:
"It is not reasonable for the government to expect all parents to shoulder the burden to cut off every possible source of adult content for their children, rather than the government's addressing the problem at its source," a government attorney, Peter D. Keisler, argued in a post-trial brief.
Since when is it the government's business to legislate morality? Again, where are the small government and personal accountability groups supporting this judicial decision to put the responsibility back on the parents, where it belongs? Government should not be the body telling children what they should and should not be looking at online; that's what parents are for through communication, education, and support networks.
Perhaps if this brand of today's religious conservatives weren't working so hard to make anything and everything that had the words "skin" and "ass" in it so socially and morally unacceptable as well as making anything regarding sex taboo, parents wouldn't face so much difficulty discussing these topics with their children. Furthermore, if they'd just stop decrying sex-ed in schools, perhaps some of our children might learn a thing or two about sex, the consequences of sex including pregnancy, STD's, and life-altering changes associated with the latter, and perhaps walk away from that class with a greater respect for themselves which is what is
really needed to make morally grounded decisions regarding ones' own sexual conduct.