I.Introduction
This paper addresses whether we should censor or block access to websites with controversial material. It looks at the issue from several sides: The relevant US laws that are in place, how censorship is used at the university and corporate levels, how other countries are attempting censorship, and finally what I feel about the topic.
Given all that I have read in preparing this paper, I have come to the conclusion that without a set of globally-accepted rules, we should not be censoring the Internet except where these rules are being broken. We could perhaps get agreement for those things that are obviously illegal and unethical (child pornography), but what about other areas such as gambling (is it legal but
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Print media has the least regulation and the most freedom of speech protection.[ii]
However, in terms of how freedom of speech applied to the Internet, the government is still struggling to come to grips with what they should or should not try to restrict.
One important point to remember is that while the First Amendment is specifically designed to protect offensive or controversial speech (because who needs to protect speech that no one disagrees with?), it does not protect libelous nor obscene material. Obscene material is defined as that which community standards finds offensive.[ii] So one question to consider is, within which community does the Internet live?
2.Communications Decency Act 1996
The Communications Decency Act, as part of a longer Telecommunication Act, basically states that anyone who uses the Internet to make any “patently offensive as measured by contemporary community standards, sexual or excretory activities or organs” communication to someone under 18 is breaking the law and can be fined or jailed.[iii]
Much of the act was struck down in a 1997 Supreme Court decision due to it’s conflict with the First Amendment, although it left standing a section similar to that above but with the “intent to annoy or harass”. The judges indicated that the Internet should have those
(Childs) What is “indecent” material or “potentially offensive” material? Is a website considered indecent if they use curse words and if it is indecent should they be fined $250,000 and serve up to 2 years in prison? This was answered on June 27, 1997 when the supreme court declared the CDA unconstitutional in the case Reno v. American Civil Liberties Union.(Greenhouse) Supreme Court Justice John Paul Stevens said that free speech on the internet is held to be a freedom protected by the highest of laws, the constitution, specifically the first amendment.(Greenhouse) Like many other Americans the Justices agreed that it is important to try and protect our children from indecent material on the internet however this is a matter which should be handled by the parents, not the government.(Greenhouse) District Judge Buckwalter says “my concerns are these: above all, I believe that the challenged provisions are so vague as to violate both the First and Fifth Amendments.” He also questions how the government could be arguing that “patently offensive” and “indecent” are one in the same.(ACUL v. Janet Reno)
Did you check your Facebook today? How about your E-Mail? If not, you may be missing something even now! In today’s fast-paced world of instant information, if you aren’t on the internet, you’re almost certainly uninformed. Networks and the internet make up an alarmingly large part of our life. We get our news (both personal and public) via the internet, we talk to friends, shop for things, pay our bills… but how vast is the monster that does all of this? This question, along with many others, is essential in the debate that rages on today: censoring the net. There are governments, not excluding our own, who believe in to some extent controlling who can access certain websites, and which are available to the general public. The very idea
However, those who are against censorship on the Internet believe that it violates their right to free speech. Because the Federal Communications Commission (FCC) regulates radio and television, Internet users believe this is the only available forum that guarantees the open exchange of ideas. The freedom of expression is a right guaranteed to Americans and therefore should not be restricted by the government.
Being able to censor a website based off of content is another fallacy. Putting aside morals of right or wrong of content, the simple fact of what one country considers legal, is not always considered legal in another. However, this site is still available to be browsed by one citizen or resident of one country to another as part of being interconnected through the world wide web, in order to truly consider censoring this information, the other country would have to either disengage a form of connections (which is nearly impossible without disabling all connections), and or, have to go into said country and destroy the computer and or, data that is housing and sharing the information. This act is commonly thought as intrusion and can create wars between the two nations. Not to mention the fact of the said country having to literally probe into the other country’s database and locate the person’s location.
The Internet has incurred a tremendous amount of growth and opportunity for the country as well as the world; elevating communication, information, and commerce to a new level. With all this unprecedented innovation, the Internet has also brought controversy that challenges the very foundation of rights that countries like the United States were founded on. With countless websites containing unregulated and objectively offensive content, and the public having an ease of access to this content will result in severe damages to the development of the youth if no censorship is put in place for them to view this content. Additionally, markets are being exploited by piracy which has resulted in billions of dollars being lost by the domestic economy
Citizens of the United States are privileged to the freedom of speech under the First Amendment, but the constitutional limits of the freedom of speech have been questioned on multiple occasions. Citizens of the United States have called upon the Supreme Court numerous times to interpret the meaning of the First Amendment, and the court has censored some forms of speech such as obscene speech --which has been prohibited--and indecent or pornographic speech--which has been regulated (Barrett, 1999). Public and private properties, institutions, and businesses started censoring and placing limitations on hate speech in 1980 (Roleff, p.64). Hate speech is defined as speech that attacks a person or a group on the basis of attributes such as gender, ethnic origin, religion, race, disability, or sexual orientation (Barrett, 1999). “ In law, hate speech is any speech, gesture or conduct, writing, or display which is forbidden because it may incite violence or prejudicial action against or by a protected individual or group, or because it disparages or intimidates a protected individual or group” (Barnes and Ephross, 1994). Several debates have lingered over if certain restrictions on hate speech violate the First Amendment (Simmons, 2012). Hate speech should be regulated and censored by the federal government; however, these regulations and policies will limit an individual 's freedom of speech.
In today’s society an innumerable amount of discussions, disputes, and altercations have begun based on the broad matter of censorship and its many components. Censorship is commonly described as the process of controlling the information and ideas that circulate throughout a society and its inhabitants. Much of the world’s censoring transpires through the world wide web, popularly known as the internet, and is generally inflicted by the government and other powerful corporations who “contend with the issue on numerous occasions” (“Topic Overview” 1). Due to the topic being so controversial, both proponents and opponents accompany the longstanding argument. Those in favor of censoring the usage of
Others feel that the government should step in and penalize anyone whose writings could be offensive. Many of these people have expressed their opinions on the Internet, and have made several good points.
“Good citizens know they’re accountable for their actions (someone has said, “My right to swing my arm ends when my fist hits your nose.”) There are those, however, who tend to forget that they also are held accountable for their words. That’s how laws against libel and slander are sustained.” (Zonder) There is no way to determine what will be offensive to one person, but not the next. “For example, many African- Americans view the American classic The Adventures of Huckleberry Finn as and example of hate speech.” (Wolfson) Words can be very powerful. If it is offensive, don’t read it or listen to it. It is as simple as that.
The Internet gives millions of people access to information they would not otherwise have had. As the Internet grows almost daily, new issues of censorship and freedom of expression are arising. Internet censorship limits an individual 's freedom of speech, the press, and expression and that these limitations are
Internet censorship is the control or restriction of what can be accessed, published, or viewed on the Internet, typically by regulators. The extent of Internet censorship will vary from the country. Most democratic countries have moderate Internet censorship, while other countries go as far as to limit the access of information like news and suppress discussion among citizens. Some other areas of censorship can be copyright, harassment, and misleading information. Many argue that it is important to block immoral, racist, sexist, etc. material from the Internet as a huge benefit of censorship. However, others say censorship is a violation to freedom of speech. The debate over censorship on the Internet has many sides and positions that are not black and white or two-sided. This paper will discuss how Internet Censorship is often viewed in these separate ways; a tool for hindering harmful content, a blockage of freedom of speech, or a control of political power.
Americans enjoy many forms of online entertainments every day, such as YouTube and Facebook, however, in some other countries, people have no access to all of these entertaining medias. They are deprived of their right to entertainment because of governmental censorship. On the internet, blocking or ban is a way that government imposes on certain websites and sensitive information. Some people argue that the reasons behind these blockings are political and economical. Although the government claims that the purpose of blocking certain websites is to protect its people, the truth is that censorship still encroaches the basic human rights.
Internet censorship is the use of filters or ‘blocks’ to control what is published, access and viewed across the internet. It is used by parents, organisations such as schools and corporations and governments to restrict what their citizen’s access and post online. Internet censorship has occurred since the early days of the public internet, where governments around the world have attempted to address the issue of illegal material, political propaganda, harmful material or content deemed unsuitable for children. This essay will discuss the instances of internet censorship failing to work, including when governments have attempted to introduce legislation to restrict access to the internet, and the reasons for the failure. Censorship across
Internet censorship is developing far and wide and influences us, regardless that as United States citizens, we have additional technological opportunities than what many other nations do. Numerous Americans underestimate the opportunities that living in the United States permits us. Whether we are sending electronic mail, posting on our social media pages, or seeking out the latest news, we are ensured the opportunity of self-expression and an inexhaustible amount of information right at our fingertips. Censorship takes control of people's expression, and many countries, governments, and leaders support it for this reason. Internet Censorship in the United States in comparison to different nations brings to light the global and ethical issue regarding the basic human rights of education, communication, and freedom.
Freedom of expression, and open access to media, are as fundamental to the survival of Progress as the sun and rain are to the survival of planet Earth. Yet censorship remains a traditional response of any group that finds itself offended at another's message or creative indulgence.