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Prevailing Against Michigan Censorship

mcneight writes: "In yet another battle for our rights online, the ACLU and 9 other plaintiffs have recently won a permanent injunction against enforcement of Michigan Public Act 33 of 1999 (The Child Online Protection Act). As the name suggests, it is net censorship with a pro-child happy face plastered on the front of it. Fortunately, the courts found it violated both the First and Fourteenth Amendments (protection of interstate commerce, in case you were wondering). Much greater detail is offered by the lead plaintiff in this case, Cyberspace Communications, Inc."

8 of 201 comments (clear)

  1. The Liberal vs. Conservative Myth of America by FreeUser · · Score: 5

    Many Americans get seduced by the mythology which surrounds their particular political bias. One such is that [republicans/democracts] support more free speech than [democrats/republicans], that [liberal/conservatives] uphold basic freedoms while [conservatives/liberals] are actively attacking every freedom except [one that isn't important to you].

    The truth is that both parties are actively attacking virtually every freedom, whether it is the Republicans' War on Drugs virtually destroying the fourth amendment (but it's for our children!) or the Democrats destroying our freedom of speech (you can't say the n-word!). Or, for that matter, the Democrats destroying the fourth amendment (raiding and seizing the property of white supremescists because of the racists' asinine political beliefs) or the Republicans decimating our basic freedom of speech (the obscenity laws and laws restricting speech on the internet).

    Both parties, and people of both liberal and conservative stripes, are equally guilty of trying to, and often succeeding in, abridging the constitution for the advancement of their own political and/or social agenda. The same BTW is true of the Libertarians, who would have the constitution stop at the borders of anyone's private property.

    Until we couch our arguments firmly in the domain of freedom vs. restriction and constitutionality vs. unconstitutionality we will all be missing the point, and will continue to elect people to political office who trample all over the constitution whenever it suits them. This is unacceptable, and it is time we as voters began making that clear to candidates of all parties, conservative, moderate, and liberal alike.

    --
    The Future of Human Evolution: Autonomy
  2. Re:Thanks guys. by ethereal · · Score: 5

    This isn't directed at you personally, but more as a general question: when did the Internet become expected to be a big kid-friendly space, full of rounded corners, cushiony floor mats, easy-to-grip building blocks, and nonthreatening ideas? The 'net was originally a batchelor pad for scientists - they did work over it, and they had fun over it, often fairly adult fun. Almost from the start the biggest electronic business on the 'net has been pornography and other adult-themed content that you can't get as easily in Real Life.

    I'm always a little surprised that the newer, more easily-offended netizens react in this way. You've essentially moved into someone else's neighborhood, and now you're going to make the clean it up whether they like it like that or not? It seems like there's a strong streak of moral superiority and just plain yuppiehood involved here, one that residents of San Francisco, or any other area where the cheap historic districts are attracting new money at a record rate, will recognize.

    Put plainly: where did you get the idea that the 'net was kid-friendly, that it was somehow going to become kid-friendly once you got on board, or that it was ever kid-friendly to begin with? Maybe you got online thinking that it was like the town square, but the 'net is really a bunch of twisty little passages (all alike) through the world's biggest library - you never know what you'll find in there. I'm sorry if AOL or Earthlink fooled you on that one, but you should really take that up with them, and leave the rest of us to our porn.

    Caution: contents may be quarrelsome and meticulous!

    --

    Your right to not believe: Americans United for Separation of Church and

  3. A Battle Won But Who Wins The War? by Carnage4Life · · Score: 5
    The Michigan law may have been defeated but the Federal Attorney General, John Ashcroft has vowed to jail porn site owners for violating obscenity laws. He and a couple of republicans are trying to resurrect the Communications Decency Act, here's a quote from from the Wired article.
    A number of Republicans asked Ashcroft to pledge to prosecute raunch and ribaldry, but Rep. Bob Goodlatte of Virginia -- who also, unbelievably, is co-chair of the Internet Caucus -- was the most persistent.

    "The failure of the (Clinton) administration to enforce those laws has led to a proliferation of obscenity, both online and off," Goodlatte said. "And I am particularly concerned about the safety of our children on the Internet, where they're subjected to child pornography and solicitation in a massive way."

    Asked Goodlatte: "I'd like to know to what extent the Justice Department will use its resources to assist state and local enforcement in combating this cyberattack on our nation's children."


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  4. Re:Thanks guys. by markbark · · Score: 5

    Am I to understand that you allow a three and five year old to surf the net unsupervised?
    Here's a concept for you.... it's called PARENTING. Why not do a little?
    Surf WITH your kids. (I do about 8 hours a week with mine)
    Don't get the legislature to stomp on the 1st amendment just because you won't spend time with the kiddles.

    Congress shall make no law...abridging the freedom of speech, or of the press...

    It doesn't say "unless someone says 'cunt' in a rap song or 'nigger' on a college campus or to prevent the access of www.blowme.com by five-year olds.

    Take risks! Accept Responsibility! Help put a lawyer out of work!

    MAB




  5. Judge's grasp of technology by sacremon · · Score: 5
    "Plaintiffs offered the testimony, at a prior hearing, of an expert who testified that other, less-intrusive means to filter the reception of obscene materials exist. A parent may utilize filters or child-friendly software to accomplish similar restrictions. The Court previously took judicial notice that every computer is manufactured with an on/off switch, that parents may utilize, in the end, to control the information which comes into their home via the Internet."

    Looks like the judge had a good grasp of the practicalities of the situation, and a sense of humor as well.

    --
    If you can't beat them, embrace and extend them.
  6. Re:Question... by Bobo+the+Space+Chimp · · Score: 5

    > The road to hell is paved with good intentions.

    God: So you liked Social Security?

    Person: Uhh, yeah. I voted with that in mind.

    God: Please tell me where I told you to take money from one person, evil or otherwise, and give it to others, evil, poor, lazy, down on their luck, or otherwise.

    Person: Uhhh....

    God: Did I say to give of your own will from your own effort?

    Person: Uhh, yeah.

    God: Where did I rescind the eighth commandment, "Thou shalt not steal?" Do I not even use the parable of a rich man and his money is his to do with as he wishes?

    Person: Uhh, yeah.

    God: So, what's your excuse?

    Person: ...

    God: I'm waiting...

    Person: Uhh, everyone else was doing it.

    God: Express elevator to Hell. Next!

    Angel: Person #63,456,239,921 step forward! Sheesh, another "voter".

    --
    I am for the complete Trantorization of Earth.
  7. Re:won't somebody think of the children? by freeweed · · Score: 5
    this is a state where swearing in front of children is not only illegal -- it's occasionally enforced.

    You know, when I first heard of this case, I honestly thought it was a joke. Like an April fools thing. Maybe I've grown up in a more enlightened setting, or maybe I'm just an ignorant crude redneck, but I honestly don't get it. Why do otherwise intelligent adults (yes, this is often debatable :) get so worked up over a couple of words? Think the TBS version of The Breakfast Club. They must say 'flip you' a hundred times. I know what they mean, 8-year old kids know what they mean, hell.. my 92-year old Grandmother knows what they mean. And yet... putting the letters F U C K together as a word would do ... what exactly?

    I've never in my life found a compelling argument over why 'we' label some words as 'bad', and not others. Beyond 'I was raised to think the f-word is bad', or religious reasons, I've never once heard of why.

    Let's face it - we eventually realize that our parents aren't the supreme authority on the universe, and most people beyond the staunchest zealot tend to question at least some of the established religious dogma. Why precisely do we still have this fixation with our language?

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    Endless arguments over trivial contradictions in books written by ignorant savages to explain thunder in the dark.
  8. won't somebody think of the children? by 137 · · Score: 5
    It's nice to see that all the shrill bleating about our poor, poor children is finally starting to lose its emotional stranglehold on censorship discourse in Michigan. Not a minute too soon, either. After all, this is a state where swearing in front of children is not only illegal -- it's occasionally enforced.

    It always struck me as strange that we Americans can justify neatly overthrowing one of our basic tenets of freedom simply by waving our hands and muttering something vauge about "protecting the children." Of all the tests of free speech, why do we fixate on one of the most pointless? Real free speech would demand that, should a neo-Nazi demagogue come along, we grit our teeth and support their right to talk. But let's ignore that thorny issue for awhile and focus on our children, who will surely be hellbound if they hear any cussin'.

    Seems to me that there's no such thing as a conditional freedom. At the risk of sounding like I'm making a false either/or proposition, either speech is free -- whether or not we like what is said -- or it's not. Freedom is one of those places where there is no middle ground. Any restriction on freedom does it in.

    That said, I think it's time that we Americans either live up to the promise we made ourselves, or we set aside our smug claims to freedom as just so much outdated, naive dreaming. I know which I prefer, even though it will mean protecting hate speech, corporate advertising (as long as we buy into the myth of corporate personhood), and yes, even forcing our children to listen to words we don't like.