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Pornography on the Internet: Free speech or subject to regulation?

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Regulate

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by Joseph Branch

Created on: August 29, 2008

Pornography, be it online or in video and book stores, is an issue that requires regulation. The idea of applying the concepts of Free Speech to pornography is beyond the context of the idea. I find it very difficult to believe that when our forefathers developed the Constitution and Bill of Rights for the United States of America, they had any intention of including topics which could be morally harmful to segments of our society.

There are many issues within the realm of Free Speech which demand and are afforded regulation. Racial slurs and defamatory statements fall into these guidelines as speech that has the potential to inflict harm on an individual or society. Thus we are not allowed, in some cases by law and others by moral standard, to utter certain phrases or present certain ideals, be they spoken, written or artistic in nature. This does not imply whether or not they should be suppressed completely, simply that there are certain ideals our society should not be forced to endure when in their minds it is considered offensive. Morally questionable content of any kind should require some form of regulation if only to protect the rights of individuals to truly choose what they or those for whom they are responsible should see, read or hear.

The availability of pornography is regulated to some extent in every other form of media available and so should adhere to the same type of regulation on the Internet as well. Will it be a difficult prospect? Sure it will. However, that does not imply that it should be ignored. While some may argue that regulation may stifle the freedoms of some, they are wrong. Regulating and banning are very different issues. To ban pornography would infringe upon the rights of adults who believe this activity is acceptable behavior and, inadvertently, likely lead to criminal activities perpetrated in order to procure pornography to satisfy their needs.

Free Speech is not and was never intended to be an all encompassing concept. Its purpose, in my humble opinion, is to allow men and women to speak out for or against issues which affect our society, such as we are doing now in this forum for debate, as long as the application of the right does not infringe upon the rights of others to ignore, avoid, or protect themselves from it if they feel it necessary to do so. To openly allow pornography to be displayed on the Internet would surely be covered by this definition and require regulation to at least some extent.

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