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This week's decision by a three-judge panel in Philadelphia, which found the patently repugnant Communications
Decency Act to be unconstitutional, is by now well-known. The judgesRonald L. Buckwalter, Stewart R. Daizell, and Dolores K. Sloviterfollowed two key principles in arriving at their critically important decision. The first is that the CDA would have placed unacceptable restraints on free speech, in violation of the First Amendment. The second is that the Internet, as "the most participatory form of mass speech yet developed," deserves special protection.
This is a key victory for common sense, free speech and the Internet, and it's definitely cause for celebration. But it's important to note that it is just one victory in what is certain to be an ongoing ideological warvigilance is still required.
The "threat" of child pornography on the Internet is analogous
to the Red Scare of the 1950s, and just as politically chargedCDA proponents are not limited to the far right. The danger is not so much that these forces will fight all the way to the Supreme Courtwhere the Philadelphia decision would almost certainly be upheldbut that they will reformulate their attempts to filter Internet content in ways that will ultimately prove successful. There is already a strong drive toward control and
regulation of World Wide Web content, as evidenced by Microsoft's insidious decision to employ
editorial screening of links on MSN News, and by
"parental control" software like SurfWatch.
The following organizations, all of which are involved in the Web-based Blue Ribbon Campaign for Free Speech Online, can help you stay in touch with these and other evolving First Amendment issues:
By all means, celebrate this week's landmark victory in Philadelphia. But keep your eyes and ears wide open.
(Reviewed June 14, 1996) |
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