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Decency Act

The Internet is the fastest growing and largest source of technological information. Millions of people easily access it everyday and are provided with information on everything from stamp collecting to bestiality. This wide array of information may seem to be the best thing since sliced bread, but on the other hand, this so called unlimited and easy access source of information turns a miracle into thoughts of apprehension. These uneasy thoughts are most common among parents of children who, incredibly enough, access the Internet with ease in their young age. The growth of the Internet has allowed millions of people the ability to express ideas, opinions, promotions, jobs, and much more to a very large audience quickly and inexpensively. It has the ability to display images and text at the choice of an individual and post it on a home page for full view by the public. This free expression, in some circles, has grown to include "indecent" material or material not suitable for minors. Due to this, the Federal government has been in debate about whether or not limitations should be put on Internet use and users. In 1996, the United States Government passed the Communications Decency Act which intended to prohibit the public a


Wiemeler, Steve. Data Center Manager at 3COM. Interview: 7:00P.M. Friday, 27,1998.

The ACLU or the American Civil Liberties Union was probably aware of the same problems of the CDA just mentioned. The very day that President Clinton signed the bill, it was opposed. The ACLU took the Supreme Court to court in Pennsylvania. Soon after that the American Library filed suit. The judges tried both cases together and agreed the restrictions set fort in the Communications Decency Act went against the First Amendment. The judges found there were no methods o screening for age on the Internet. The judges felt that the Communications Decency Act did not provide us with a clear definition of what indecency was. In June 1996 the group of judges voted the law down. This was known as Reno vs. ACLU.

Another problem with the CDA is that it limits adults to what is appropriate for children. The effect of the CDA's provisions regarding indecent content and minors would be both dramatic and disastrous. If enacted, the CDA would effectively turn all public areas of the Net into the equivalent of the children's room in the library. Traditionally every large public library has a Children's Room, an area with content deemed safe for children. Outside the Children's Room. The rest of the library is geared toward, and available to, adults.

There are some problems with the Act that should be of concern to all citizens of the United States. The Act clearly infringes on the First Amendment right of free speech. Under the CDA, it would be an offense to "knowingly" to publish material such as Erica Jong novels, certain rock and lyrics, and Dr. Ruth Westheimer's sexual advice column on the Internet unless children were affirmatively denied access to it. It is as if the manager of a Barnes & Nobel outlet could be sent to jail simply because children could wander the bookstore aisles and search for books which contain passages of racism. On the radio, certain shows which contain "indecent" content in broadcasting can be required to be limited to certain hours were as children are less likely to hear, in general indecency is fully protected by the first amendment. It can even be thought that profane language can be essential to political speech, since the emotional power of particular words may be as important as their intellectual content. It's important to not that not every application of this part of the CDA would be unconstitutional. If the "obscene or harassing" offense language been limited to instances in which the speaker intends to "threaten," it would have raised no constitutional problems. A threat of blackmail or physical violence, for example, is not protected speech. But the CDA goes beyond threats - it criminalizes the use of "indecent" language even when the speaker merely intends for his content to be "annoying," and this prohibition treads

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Approximate Word count = 1940
Approximate Pages = 8 (250 words per page double spaced)


  

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