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Massachusetts Bids To Restrict Internet Indecency

Remember the Communications Decency Act? Enacted 1996, found unconstitutional 1997. Or its successor attempt to reduce discourse on the Internet to what is suitable for 8-year-olds, the Child Online Protection Act? Invalidated 2003. Seven state laws attempting to restrict Internet content on grounds of decency have been struck down. Despite all this, Massachusetts has now added a couple of paragraphs to its (traditionally bricks-and-mortar) indecency law that applies a "harmful to minors" test to Internet content. The ACLU of Massachusetts and others have brought suit to block the law, which went into effect on July 11. Coincidentally, today a US appeals court tossed out the FCC's indecency policy.

11 of 214 comments (clear)

  1. Implications for separation of power... by nebaz · · Score: 2, Interesting

    You know, I normally take a rather conservative view on legislature vs judicial power breakdown. I'm not a fan of things like having the judiciary set environmental limits, for example, and would prefer the legislature not abdicate their responsibility. (Don't get me started on all of the agencies that are created because Congress doesn't legislate anymore). On the other hand, when I see all the junk that Congress does pass, which is blatantly unconstitutional (Internet Decency act, COPA, etC), and that they probably know are unconstitutional, I'm not sure what I think about it anymore.

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  2. Re:FCC vs Ma law by unix1 · · Score: 3, Interesting

    The FCC decision is much more far reaching and frankly will hopefully restore some sense to TV and radio.

    That won't happen. The networks are still going to censor themselves. They just won't have to pay multi-million dollar fines to the government if something slips through.

    If the Obama administration is smart it will not even try to appeal this.

    I'm not defending this but look at it this way - if he doesn't appeal it will likely be used against him during the next elections. The issues are deeper than this.

  3. Remember the Communications Decency Act? by countertrolling · · Score: 2, Interesting

    Yep, sure do. It was pushed by a particular political party that makes a lot of noise about personal freedoms. Not that the "opposition" put up any.. These people should be charged with wasting the court's time that is spent striking them down. How often do we need to remind them what the 1st Amendment actually says?

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  4. Re:Mature by Coren22 · · Score: 3, Interesting

    It is called Flash games, they rather enjoy them. They also like playing on the Wii and playing Eve Online. They just haven't shown interest in the majority of the internet yet. I am not expecting that to last long, but by then I expect they will also be mature enough to handle what is out there.

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  5. Re:The Internet: Banned in Boston by noidentity · · Score: 3, Interesting

    Isn't that the simpler solution? Just cut off all Internet access in Boston, and let anyone who doesn't want that bullshit move elsewhere. Pretty soon nobody will be left there, and the problem will be solved.

  6. Re:Mature by commodore64_love · · Score: 2, Interesting

    >>>Most democrats are bible-thumping "conservatives" too.

    No that can't be. It makes my brain hurt to think Democrats are pro-"impose morality" too. Only the Republicans are supposed to be like that. I think I'll just pretend I didn't hear that. Tra-Lalalalalalala

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    "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
  7. Re:Mature by MBGMorden · · Score: 4, Interesting

    Same here. First porn I saw I found surfing around on our "big dish" satellite (satellite F4, channel 18 - twas the Spice Channel). My parents had a hacked box that got every channel so the porn came in along with everything else.

    I didn't find it disgusting. Mostly just interesting. I'd played "show me yours and I'll show you mine" with a few neighborhood girls before, but we were all between 4 and 10 doing that. First time I flipped to that channel and saw how different an adult woman looked, it definitely sparked my curiosity. Particularly given that this was the early 90's and the whole "shaving" revolution hadn't taken place yet, so things looked VERY different down there than what I'd seen before.

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    "People who think they know everything are very annoying to those of us who do."-Mark Twain
  8. Re:Mature by NotBornYesterday · · Score: 4, Interesting

    As a native, let me say that "massachusetts liberal" is just a polite euphemism for "nanny-state prude". Don't forget our Puritan roots.

    Plus, they need a pre-election distraction to get people's minds off the deficit spending and tax raising going on in the halls of power in Boston. Because some of those dictators-for-life might get voted out if any focus falls on the real issues ...

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    I prefer rogues to imbeciles because they sometimes take a rest.
  9. Before the internet there was porn... by gestalt_n_pepper · · Score: 2, Interesting

    which as a person born in nineteen fifty (mumble, mumble), I remember quite well. It was in the public library, museums, photography magazines, news stands, posters....

    Unless the conservative christian talibani want to ban all those things and confine us all to our homes where presumably we'll sing about Jesus all day, it's unlikely that they'll even slow down the average adolescent male.

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  10. Re:Mature by Anonymous Coward · · Score: 1, Interesting

    Do you really think it is unreasonable to extrapolate that lack of curiosity online indicates lack of curiosity offline?

    If a kid walks past a power tool store without wandering in and trying out random tools, then moves past a library without opening and reading any (or indeed every) book, then refuses to enter the car of a stranger offering him sweets, is it unreasonable to extrapolate that the kid, clearly failing to take advantage of potential or showing lack of interest in that potential, is some sort of developmental retard?

    Yes.

    Well-deployed curiosity is a great thing. Unrestrained curiosity will waste your time until it kills you.

    Next simplistic suggestion?

  11. Re:Religion by mahadiga · · Score: 3, Interesting

    "Religion was born when the first con man met the first fool." --Mark Twain

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