Free Speech on the Web

The Pilot's Perspective

Click here for the Blue Ribbon Campaign for Free Speech on the Web

What does the Pilot of the Airwaves think about Free Speech on the Web (or anywhere else for that matter)?

Note: This page is undergoing a massive re-write that began November 29, 1999. The new text goes down until you see the notice.

The Challenge

The internet poses unique challenges for the balancing of Free Speech, on the one hand, and the right of parents to raise their children free of interference, not from the government in this case, but from the purveyors of pornography and dangerous information (such as how to make bombs and so forth.)

The concept itself is simple. Adults ought to have the right to publish and view material, so long as no one else is harmed in the production, distribution, or use of such material. But at the same time, parents should be able to screen what their children have access to, whether it be on TV, at the bookstore, or on the internet.

At the bookstore, for example, the pornographic magazines are usually kept behind the counter, and the sales clerk can control who gets access to them. And the burlesque house has a bouncer at the door to turn kids away. This prevents the child from gaining access to sensitive material or situations without the parent's consent.

The internet is different, because its vast interconnectedness defies traditional means to control a childs access to what's there, and one can easily "stumble" into sites with material inappropriate for a child without warning. Plugging ordinary, mundane words into a search engine can turn up dozens of pornographic sites, and sites with other information that should be available to minors only with the consent of a parent. And these sites may not be indentifiable as inappropriate until they appear on the screen. This is because search engines don't know WHY a particular word is used on a web-site. Even the word "boy" could call up some websites for children, perhaps the Boy Scouts, but pornographic sites as well. There is no gate-keeper, no editor. A search engine pulls up all the sites with a word, whether child-appropriate or not, and the creators of pornographic web-sites use hundreds of words in site descriptions and meta-tags, as well as in the content of the site, all of which search engines will key into.

But what about the adult verification systems that have come into use to assure that access to certain content is restricted to those over 18 or 21? Unfortunately, to attract users to these sites before the adult logs in with his or her password (which incedentally, often costs money to get, or has some other catch) free samples of the content are presented. It's NOT necessary to be an adult to see these free samples, or advertising banners. Some sites require no ID check at all (other than an "honor system" yes-I'm-over-18 link to click on) and post material for anyone to see. Clearly, a parent's ability to control what a child access on the internet is limited becasue of the nature of the internet. So what do we do?

Free Speech Ideals

First, remember that freedom of speech, and of the press, was primarily intended to protect the exchange of political ideas and news. This is not to say that other ideas are not protected as well, but that at the time the Bill of Rights was written, the major concern was the protection of political freedom, the Founding Fathers just having won the Revolutionary War. But at the same time they protected political speech, they maintained standards of decency. In the two centuries since then, we have expanded the First Ammendment protections to other forms of speech. (But interestingly, not all. Commercial speech, defined as what companies may advertise, say or print in the pursuit of their business, is heavily regulated by several government agencies, and is not given the same level of protection as political speech.)

I believe that although the government should not be about the business of regulating what people can and cannot post on the web, there has to be a way to control access to sensitive material. Our basic First Ammendment Rights have to be protected, but there are also the natural rights of parents to raise their children, rights protected in the Constitution by implication in the Ninth Ammendment, and these rights must also be protected. One of the guiding principles in deciding the extent of our rights is that one person's rights extend only until they interfere with the rights of another.

Rights in Conflict

The First Ammendment was invoked by the United States Supreme Court in its ruling on the Communications Decency Act, striking it down. Where, however, do we find protection for parents and children? The courts are active whenever the expansion or application of the First Ammendment involves a deterioration of our collective morality. They are silent, or even in opposition when the issue is the preservation of decency.

We cross into dangerous territory when we restrict what one can publish or not publish, but we enter equally dangerous territory when morality is cast aside and amoral or immoral ideas can be presented to our children despite the protest of parents. The community used to support parents in the raising of their children-- no more. There has to be a balance. There has to be the big, burly bouncer at the door of the internet burlesque house to keep children out.

We will deteriorate as a nation if we cease to be a moral nation, upholding principles of decency. Anyone who cares to read the writings of the Founding Fathers will see that that they believed that the nation could be good only if the people were good. We jeapordize our future by casting morality aside and flaunting it in the faces of the parents who are trying to protect and raise their children, and teach them values. Just because everything is permitted does not mean that everyting is good. And everything is definately not good for children.

Law and Order

The proper aim of Law and Order is to allow people to responsibly exercize self-determination, unhampered by those who would restrict their natural rights. When the government restricts the people's ability to exercize their natural rights, in cases where the exercize of such freedom would not hamper the rights of others, it is a misuse of government power as understood by the founders of our country.

In other words, the government's job should be to protect people from others who may try to interfere with their rights. For the government to become the censor is to turn this proper function on its head. Therefore, the answer to this dilema lies elsewhere.

Parental Responsibility

In theory, it is the responsibility of parents and teachers to watch over children when they do anything, whether it be surfing the web, watching TV or seeing a movie.

It is the job of parents to shut off the TV if the kids turn on a violent movie, and not to leave dad's Playboy magazine out where junior can find it. Not home? Many cable boxes, sattelite receivers and TVs now have parental lock options, sometimes known as a "V-Chip." Dig out the instruction manual and learn how to use them. Or lock up the TV in a closet. There are several software packages on the market which filter incoming internet information to screen thngs out. The V-Chip and software programs are not perfect, though, and are useless if you give the password to even one child! If you tell the password to the 16 year old so he can watch movies without pestering you to unlock the V-Chip all the time, you can guarantee that he'll tell the 12 year old, who will tell the 7 year old. Believe me, I've seen it happen.

Another option is to find an internet provider that screens material at their server, which is even safer than software filters. Because the content doesn't make it past the provider's proxy server, your child can't access it.

If the kids still defy their parents wishes on viewing inappropriate material, the problem isn't necessarily what I or anyone else is putting out on in movies, television, or the web, rather it is the parents' ability to discipline and care for their children. Parents must regain the control and respect of their children, and the children must obey. It is beyond the scope of this essay to discuss child-raising techniques.

But parents should not turn to the government to restrict the rights of other people to engage in a free exchange of information as a substitute for proper supervision of their children; the government can't be a babysitter.

-------------------------------------------------------------
Re-write ends here-- 01/03/00 more to come
-------------------------------------------------------------

Nevertheless the right to freedom of speech carries the responsibility to use this freedom wisely. This responsibility extends to both the publisher and the reader.

The rights we now enjoy in this country were won with the blood of patriots on the battlefield. They were further defined and strengthened by people who challenged the system, often went to jail, and prevailed when the courts examined their cases in light of the Constitution. Know when you post something to the web that your right to do so should be tempered by the responsibilities of maintaining intellectual, journalistic and academic integrity, and the responsibility to know your audience, and respect that anyone might surf into your web page. At least give people the option of knowing what is there (for example, use an "enterance page" to warn people if something there might be considered offensive before they see it).

As a reader, understand that any material you see is there by virtue of our right to free speech and a free press. Understand that certain entertainment sites may have offensive material. If you surf into one, click on "back" and go somewhere else. And if you go to an informational site, understand that information you get may not always be correct, and it may involve the opinions of the people who post it. Double check information, and if possible, the credentials of the person or organization posting the information.

And take everything with a healty grain of salt

Fourth, have some class.

I try to have some class on my radio show, and I do not want my web site to be offensive. I also try to make sure any information I post is accurate to the best of my knowledge. True, some of the stuff you can link to from my web site might be a little off color, and some may be controversial. But there are some things I don't want to post, and some web sites I will never link to because they are too offensive, crass, or hateful. As a DJ in live situations, I often would not play certain records that I considered too offensive. Or I would try to find the edited radio version. This is just common sense-- don't offend yor audience.

Fifth, as a member of Geocities, taking advantage of their Free Home Page program, I agreed to refrain from posting certain materials, mostly those of a pornographic nature, or advocating hate, racism, etc. I have no problem with this, as I am getting a free web site, and am obligated to follow the rules of the sponsor. Should I ever desire to post materials that Geocities prohibits, I will pay for a web site on a server which does not restrict such materials.

After all, they're paying the bill, ultimately it's their show. Fair is fair. (But then again, I have no desire to maintain an X-Rated web site, or a hate page.) Again, as a DJ in live situations, I have declined to play certain songs as they crossed the line of good taste, and may have offended some of the patrons of the establishment where I was playing. This self-censorship should not be confused with government censorship.

But Freedom of Speech is something we will lose if we do not cherish it and guard it. Be active! Write to your Congressional Representatives and Senators and politely, but firmly oppose any legislation or regulatory acts which would restrict out right to free speech on the web, or anywhere else!

Click here for the Blue Ribbon Campaign for Free Speech on the Web

My opinion here does not necessarily reflect the opinions of the people who run GeoCities but I am grateful for the opportunity to use this space, and put my opinion here for you to read it. Do you have something you want to share with others? Get your own Free Home Page. Check it out, and get on the web yourself!

Return to the Pilot of the Airwaves Home Page