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-   -   Supreme Court backs porn (http://cellar.org/showthread.php?t=6187)

OnyxCougar 06-29-2004 09:58 AM

Supreme Court backs porn
 
Quote:

from CNN
High court bars Internet porn law enforcement
Ruling sends law down to lower court for trial

Tuesday, June 29, 2004 Posted: 10:48 AM EDT (1448 GMT)

WASHINGTON (AP) -- The Supreme Court ruled Tuesday that a law meant to punish pornographers who peddle dirty pictures to Web-surfing kids is probably an unconstitutional muzzle on free speech.

The high court divided 5-to-4 over a law passed in 1998, signed by then-President Clinton and now backed by the Bush administration. The majority said a lower court was correct to block the law from taking effect because it likely violates the First Amendment.

The court did not end the long fight over the law, however. The majority sent the case back to a lower court for a trial that could give the government a chance to prove the law does not go too far.

The majority, led by Justice Anthony M. Kennedy, said there may have been important technological advances in the five years since a federal judge blocked the law.

Holding a new trial will allow discussion of what technology, if any, might allow adults to see and buy material that is legal for them while keeping that material out of the hands of children.

Justices John Paul Stevens, David H. Souter, Clarence Thomas and Ruth Bader Ginsburg agreed with Kennedy.

The American Civil Liberties Union and other critics of the antipornography law said that it would restrict far too much material that adults may legally see and buy, the court said.

The law, which never took effect, would have authorized fines up to $50,000 for the crime of placing material that is "harmful to minors" within the easy reach of children on the Internet.

The law also would have required adults to use access codes and or other ways of registering before they could see objectionable material online.

For now, the law, known as the Child Online Protection Act, would sweep with too broad a brush, Kennedy wrote.

"There is a potential for extraordinary harm and a serious chill upon protected speech" if the law took effect, he wrote.

Kennedy said that filtering software "is not a perfect solution to the problem of children gaining access to harmful-to-minors materials."

He said that so far, the government has failed to prove that other technologies would work better.

The ruling in Ashcroft v. American Civil Liberties Union was the last of nearly 80 cases decided in a busy court term. The year's marquee cases involving presidential power to dealing with suspected terrorist were announced Monday, and mostly represented a loss for the Bush administration. (Monday's rulings)

Tuesday's pornography ruling is more nuanced, but still a blow to the government. It marks the third time the high court has considered the case, and it may not be the last.

Congress had tried repeatedly to find a way to protect Web-surfing children from smut without running afoul of the First Amendment.

The justices unanimously struck down the first version of a child-protection law passed in 1996, just as the Internet was becoming a commonplace means of communication, research and entertainment.

Congress responded by passing COPA, saying the new law met the Supreme Court's free-speech standards.

The American Civil Liberties Union challenged COPA immediately, arguing that the replacement law was every bit as unconstitutional as the original. The law has been tied up in the courts ever since.

In dissent, Chief Justice William H. Rehnquist and justices Sandra Day O'Connor, Antonin Scalia and Stephen Breyer said the law is constitutional and should be upheld.

Restrictions about who would be covered by the law and how it would be enforced "answer many of the concerns raised by those who attack its constitutionality," Breyer wrote.

The ACLU challenged the law on behalf of online bookstores, artists and others, including operators of Web sites that offer explicit how-to sex advice or health information. The ACLU argued that its clients could face jail time or fines for distributing information that, while racy or graphic, is perfectly legal for adult eyes and ears.

Material that is indecent but not obscene is protected by the First Amendment. Adults may see or purchase it, but children may not.

That is a tricky rule to enforce in the murky and anonymous reaches of the Internet. Most Web sites, chat rooms and other Internet venues are available to adults and minors alike, and commercial transactions do not take place face to face.

The Internet also presents a difficulty in translating old rules about what children could see and what they could not.

In writing the 1998 law, Congress said "contemporary community standards" should guide what is harmful to children. Civil liberties defenders said that the standard would lead to the most prudish place in America having veto power over the most liberal, because Internet material is available to them both.

The ACLU also said the community standards idea would force legitimate web site operators to self-censor, for fear of running afoul of someone's idea of what is inappropriate for children.

The 3rd U.S. Circuit Court of Appeals agreed, and ruled that the standards issue alone made the law unconstitutional. The Bush administration appealed to the Supreme Court, which delivered a partial victory for the government two years ago.

The court said at that time that, by itself, the community standards issue did not make the law unconstitutional. The justices then sent the case back for a fuller examination of the other free speech objections raised by the ACLU.

The Philadelphia-based federal appeals court then struck down the law a second time, on much broader First Amendment grounds, and the administration again appealed to the Supreme Court.

The case is Ashcroft v. ACLU, 03-218.

Happy Monkey 06-29-2004 10:01 AM

Clarence Thomas doesn't split from Scalia very often.

Beestie 06-29-2004 10:22 AM

This is what's great about America.

Congress passes a law then the Supreme Court "tests" it against the Constitution.

Whether you like the outcome of the ruling or not, you have to admire a beautiful machine working to well-oiled perfection.

And, as HM notes, you don't find Thomas and Ginsburg on the same side of many fences.

marichiko 06-29-2004 12:54 PM

At one point I was given the responsibility of monitoring a 10 year old child's access to the net. I tried putting on all the AOL parental controls which had the effect of causing most of her searches to come up null. So I wiped out the controls completely and told her to go for it. I also told her that if she came across anything that upset or puzzled her, I would be right there in the next room, and she could come ask me about it. As a result, we had some interesting discussions about society's use of the human body (especially the feminine version) to sell advertizing and make money. At that age she wasn't much interested in porn, and after a few reassuring discussions, she confidently surfed the net to do her homework assignments. The government, as usual, seems to want to take control of our children out of our hands. It takes little more than a caring and compassionate adult to monitor and occasionally explain what's going on. In another instance, a teenaged boy of about 15 was staying in my home and I granted him free access to the 'net. I know he checked out some of the porno sites, but I would have thought him a highly unsual 15 year old had he not.

Undertoad 06-29-2004 01:30 PM

IMO that's exactly the right attitude

Beestie 06-29-2004 01:50 PM

Two issues here: pushing and pulling (no pun intended).

Going and looking for pr0n is one thing (pull).

Having pop-up ads with pr0n show up from sponsored links (that the content provider may not have control of) is something else (push).** If they just regulated the push I'd be happy about it. I think its a parent's job to deal with the pull.

**Imagine a web site for auto parts. Imagine the owner negotiating with a sponsor for a given amount of targeted pop-up ads depending on the user. Owner signs contract with company and code is installed to create targeted pop-ups. The owner does not know nor is it possible for him/her to see all possible pop-ups in advance - in addition, they may change over the contract period. So the daughter of a guy who checked out a pr0n site once goes to the auto parts store site for whatever reason and the spyware detects a pr0n cookie and creates a really pr0nographic pop-up. THIS is what I think needs to be regulated and not folks going and looking up what they will.

[I'm typing from work so pr0n is a metaphor]

marichiko 06-29-2004 02:05 PM

Quote:

Originally posted by Beestie
Two issues here: pushing and pulling (no pun intended).

Going and looking for pr0n is one thing (pull).

Having pop-up ads with pr0n show up from sponsored links (that the content provider may not have control of) is something else (push).** If they just regulated the push I'd be happy about it. I think its a parent's job to deal with the pull.

**Imagine a web site for auto parts. Imagine the owner negotiating with a sponsor for a given amount of targeted pop-up ads depending on the user. Owner signs contract with company and code is installed to create targeted pop-ups. The owner does not know nor is it possible for him/her to see all possible pop-ups in advance - in addition, they may change over the contract period. So the daughter of a guy who checked out a pr0n site once goes to the auto parts store site for whatever reason and the spyware detects a pr0n cookie and creates a really pr0nographic pop-up. THIS is what I think needs to be regulated and not folks going and looking up what they will.

[I'm typing from work so pr0n is a metaphor]

I am in agreement with you on this. Those damn pop-ups can be highly annoying and seem to appear out of nowhere. At one point when no was using my computer but me, I somehow acquired a cookie for a "teenaged sex kittens" pop-up, and the damn thing would run itself even when I wasn't on the net. It was more akin to a virus, than anything else. In exasperation, I completely wiped my hard drive to get rid of it, since it seemed to have infiltrated my system on several levels. The least they could have done was give me a pop-up of "teen-aged Tom Cats" or something.:rolleyes: I have since discovered the joy of the pop-up blocker which keeps such nuisances to a minimum.

Troubleshooter 06-29-2004 02:05 PM

Quote:

Originally posted by Undertoad
IMO that's exactly the right attitude
And exactly what will never happen.

I did tech support for an ISP and most people have no clue about their PC much less the intricacies and nuances of the internet. The children are much more savvy.

Happy Monkey 06-29-2004 02:19 PM

Quote:

Originally posted by Troubleshooter
And exactly what will never happen.

I did tech support for an ISP and most people have no clue about their PC much less the intricacies and nuances of the internet. The children are much more savvy.

marichiko's attitude requires no clue about the internet. It was a purely person-to-person solution.

Troubleshooter 06-29-2004 02:31 PM

Quote:

Originally posted by Happy Monkey
marichiko's attitude requires no clue about the internet. It was a purely person-to-person solution.
I'll concede that but raise your bid with a generation of apathetic and overworked parents.

Happy Monkey 06-29-2004 02:41 PM

I'll concede that, but counter with: Some things you just have to leave to the parents, even if some of them aren't up to it.

glatt 06-29-2004 03:53 PM

When I was a kid, I had to make do with droopy boobs in old National Geographic magazines, and a hidden stash of Playboys that my grandfather had in a closet. I only got to see those when we went to visit him. Didn't find them for years.

Kids today have so much more!

On the other hand, at least I was in my thirties before I saw goatse. Can you imagine the horror for a child seeing that messed up shit?

marichiko 06-29-2004 05:35 PM

Quote:

Originally posted by glatt


On the other hand, at least I was in my thirties before I saw goatse. Can you imagine the horror for a child seeing that messed up shit?

I've never seen that and don't even know what the word means, and it sounds like I'd be happier remaining ignorant of it, whatever it is. This does go to show a point, however, I use the net for research and discussion groups like this one. I'll admit that I've glanced at some of the soft porn sites out of curiosity, but I have never been assailed unwillingly by something truely horrific. Are you telling me that a 5th grader doing research for a science fair project could easily stumble into something that horrible? This is an honest question.:confused:

xoxoxoBruce 06-29-2004 05:39 PM

Mari's right (for a change:p ). The parents have to handle this one. As for Goatse, I'm not sure a young kid would know what it is. I am concerned about the recent spate of sexually explicit spam that's popping up in my email. And I mean explicit.

As I'm typing the above the CBS evening news came on with, "Children accessing porn on the internet. The Supreme Court says nothing can stop it." I'd call that misleading, no, I'd call that bullshit. :mad:

SteveDallas 06-29-2004 05:52 PM

I look at a lot of stuff on the Internet. A really wide variety. And I've used a lot of search engines to find a lot of stuff. And when I was surfing (and as Bruce says, email spam is another issue, and anybody who has auto-loading of images turned on in their email client probably oughta turn it off), I don't think I've ever been whisked to a site with a bunch of naked women "accidentally" or had a bunch of porno sites turn up in my search engine.

Undertoad 06-29-2004 06:15 PM

I just need to interject here that goatse is a hermaphrodite.

I am convinced... google it if you don't believe me

bluesdave 06-29-2004 06:29 PM

Quote:

Originally posted by xoxoxoBruce
I am concerned about the recent spate of sexually explicit spam that's popping up in my email. And I mean explicit.

Bruce, if you use Windows I strongly suggest you try Mailwasher Pro. This program runs before your mail client, and you can filter out unwanted mail. The nice thing about Mailwasher is that you can "bounce" selected mail back to the sender, and it looks like a genuine bounce - ie. that your email address does not exist.

I have been using it for years, and I can verify that it works. I have reduced my junk mail by 99%.

Before people start flaming me, to say that this won't work because spammers use fake return addresses, I understand that, but many do use real addresses. All I can say is that it works for me, and also for several other people I have recommended Mailwasher to.

The process of building your "friends" list, and your "blacklist" list, can be a little manual, but over time you will find that you have to add fewer addresses because you will have already built up a substantial database. It is worth the effort! Mailwasher does have some automated features, too.

They same people also have a product called Benign which scans your emails for potentially harmful code (this is much more than a virus scanner). I can also recommend it.

glatt 06-30-2004 07:58 AM

Quote:

Originally posted by marichiko
Are you telling me that a 5th grader doing research for a science fair project could easily stumble into something that horrible? This is an honest question.:confused:
Goatse is an image of a naked guy bent over, shoving his butt into the camera and spreading his anus open wide enough to pass a softball. It's pretty nasty. He's got both hands in there. It's amazing that an anus can open that wide. I felt violated after I saw that image.

UT thinks he may be a hermaphrodite. I suppose it's possible, but I'm not going back to the picture to examine the theory.

It's an image that has been posted for its shock value on many discussion forums. People think it's funny to trick others into clicking on a link that opens the goaste image. I saw it on Fark.com once. That was the final straw that got me to stop visiting that board.

The chances of a child stumbling over it while doing research are very slim. If they take a break from the research and start surfing around on the different discussion boards, the chances increase.

Troubleshooter 06-30-2004 08:29 AM

Quote:

Originally posted by Undertoad
I just need to interject here that goatse is a hermaphrodite.

I am convinced... google it if you don't believe me

http://en.wikipedia.org/wiki/Goatse.cx

"Some have claimed that "he" is actually a hermaphrodite, and he is actually pulling open his vagina. The developer of this theory later admitted that the theory was never intended to be serious, though some continue to believe the theory is correct."

Cyber Wolf 06-30-2004 09:02 AM

Perhaps the chances of a kid stumbling upon Goatse are pretty small in the interest of research, but it can't be argued that it's extremely easy to stumble on stuff that you really don't want to see sometimes (at least while you're not in the mood :p )

For example, just the other day a discussion I was a part of on another forum got to the subject of that "mutant" kid, the one who was born with high muscle definition who is now 4 years old and flat out buff. One person spoke of a boy she'd heard about from Germany whose parents were body builders and raised him as one too. At age 9, the kid looked like Arnold himself. I had seen a picture recently (it might have been on Cellar somewhere) of a boy who fit that description and I couldn't remember where I saw it. I wanted to find it to show her and ask if that was the kid she had heard about. So, I go to Google images and search "bodybuilder boy". I got all KINDS of images of all KINDS men (some of them rather scrumptious I might add :D) and nearly all of them showing the world their stats and then some...and then some MORE.

Now, I didn't find what I saw particularly offensive (the male body can be a beautiful thing) but it certainly wasn't what I was looking for and I never managed to find that picture, even after modifying my search string. But if I had a kid, I'd at least want to know when he/she was running into this stuff so I could talk with him/her about it. Let's face it, sex is everywhere. A kid would have to live in a bubble or out in the middle of nowhere with no media access at ALL to really shelter them from it completely, especially these days. It'd be better to teach them about it as they encounter it, instead of attaching a DO NOT TOUCH!!! stigma to it. Besides, once they become teens they'll want to try and touch it as much as they can anyway, due to being rebellious, being curious or being hormone-y. Might as well have them know as much as possible before that point so they can hopefully make informed decisions instead of impulsive decisions.

Clodfobble 06-30-2004 09:34 AM

Image searches are very dangerous. One of my stepson's favorite things to do is sit on my lap, and we'll do an image search for "tractor" (incidentally, I've found that altavista has the best image search engine by far) and he gets to look at all the neato tractor pictures.

Words like "tractor" are usually safe, but my stepdaughter wanted to do it too, looking for "princess" or "babydoll," etc. I told her no way (and tried to give a rough explanation why.) Searches for the word "peach" (as in Princess Peach from Super Mario Bros.) and "car" have even brought up a porn image or two.

vsp 06-30-2004 09:46 AM

There are four approaches to this issue.

The Joe Lieberman/Tipper Gore Gambit:
"There are adult-themed media out there in the world. Since a nine-year-old MIGHT catch a glimpse of a wayward bit of flesh or a naughty word, the world must be legislated down to a nine-year-old's maturity level to PROTECT THE CHILDREN, and the adults who enjoy adult-themed media as it was intended will have to do without their filth for the CHILDREN'S sake. We know better than parents as to what's best for their children."

This is sort of the overturn-the-Betamax-decision logic applied to morals issues: even though Media X has legal, non-infringing uses, if someone MIGHT misuse it it needs to be locked away where nobody can have it. The fallacy should be obvious, though it frightens me considerably that Orrin Hatch is currently leading the charge to apply such logic to entertainment and computer technology.

The Donald Wildmon/Rick Santorum Rampage:
"There are adult-themed media out there in the world. Since this is clearly against my interpretation of God's wishes, it must ALL BE DESTROYED and the purveyors of such filth should be locked away. We know better than everyone else as to what's best for everyone."

This is just silly, and would be a lot funnier if people who think like this weren't elected on a semi-regular basis.

The Thinking Parent's Response:
"There are adult-themed media out there in the world. I'm not going to go out of my way to deliberately plunk it in front of my child or say 'Anything goes', but maybe I should talk to my child once in a while regarding what he/she is seeing or is likely to see, to try and keep them in the right frame of mind as to how to handle adult-themed media."

The Non-Thinking Parent's Response:
"Porn? My little angel would never encounter such a thing, and certainly not deliberately."

marichiko 06-30-2004 09:59 AM

Yes, my young friend ran into this problem with the search term "fairies." She was looking for pictures of those cute little imaginary creatures with wings, needless to say. I DID monitor that search and showed her how to use the google advanced search feature using "fairies NOT gay" as our search term. That got rid of most of the wierd stuff.

I feel Cyber Wolf is correct. That stuff is out there, and sooner or later a child or young adult is going to come across it. I think its better to allow a child free access to the net while at the same time monitoring and explaining anything unusual. Forbidden fruit is always the sweetest, and if a child is going to run across something like goatse (most children don't participate in discussion groups - aside from LJ ;) , how many 10 year olds do we have on the board?), better to have an understanding adult nearby who can explain things and impart whatever their moral beliefs may be on the situation. Otherwise, the kid is going to run into this stuff sooner or later and if its forbidden, have no one that they can talk to about it.

jinx 06-30-2004 10:18 AM

Quote:

Originally posted by SteveDallas
, I don't think I've ever been whisked to a site with a bunch of naked women "accidentally" or had a bunch of porno sites turn up in my search engine.
My mom used to watch a cooking show called "Two Fat Ladies". She called me one day to search for a recipe for her from the show. The things that came up in my search were disturbing, to say the least... apparently fat ladies go hand in hand with farm animals....

vsp 06-30-2004 10:26 AM

A friend's son wanted to find the site for Dick's Sporting Goods, which is a regional sporting goods chain.

He quickly found that www.dicks.com wasn't quite what he was looking for. (I don't WANT to know what's on the other end of that link, FYI.)

Beestie 06-30-2004 10:40 AM

Quote:

Originally posted by jinx
My mom used to watch a cooking show called "Two Fat Ladies"..... apparently fat ladies go hand in hand with farm animals....
supressing visual... supressing visual.... :)

glatt 06-30-2004 12:06 PM

I remember back about 8 years ago or so, watching TV around Easter time, and they put up a news blurb in between shows to get you to tune in to the local nightly news.

They were interviewing a horrified little old lady who said "All I wanted was a recipe for hot crossed buns." The look on her face, and the image I had in my mind of what her search results must have been, was priceless.

marichiko 06-30-2004 12:38 PM

Quote:

Originally posted by glatt
I remember back about 8 years ago or so, watching TV around Easter time, and they put up a news blurb in between shows to get you to tune in to the local nightly news.

They were interviewing a horrified little old lady who said "All I wanted was a recipe for hot crossed buns." The look on her face, and the image I had in my mind of what her search results must have been, was priceless.

:D Oh Lord, that's priceless! I laughed for about 5 minutes at that one. Hot crossed buns! No, I will not visualize hot crossed buns. I will not visualize hot crossed buns. Oh, my!:angel:

Crimson Ghost 07-01-2004 02:21 AM

There are many programs that are available to parents to aid in blocking certain things from popping up during their kids surfing. You can block addresses, images, words, phrases, ect. If you have kids, these should be utilized. Not everyone wants to have the internet censored. I go to what some may call "objectionable sites".(i.e.: rotten.com, ogrish.com, goregasm.com, ect......) They are not for kids, but I don't want someone telling me not to go there because a 7-year-old in Bangor, Maine, might see the same site. Parents need to monitor their kids.


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