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

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by Elizabeth M Young

Created on: February 16, 2010

Pornography on the internet is free speech, that is sure. Graphic sexual content has been a part of human expression for as long as there have been humans. As human interaction developed into higher social forms, the need to regulate activity and content became more codified and refined. When the concept of free speech came about, the concept of using whatever means available to depict sex and to express sexual content came along with it.

But the content of pornography is also something that the public has a right to block so that it does not show up against their will. In other words, some free speech rights also comes with protections for those who do not want to hear it or see it against their will.

Some speech and expression is "outrageous" to the public. As a result, the public is allowed some power to restrict access to or to block public expressions that exceed the standards of outrageous speech. Of course, what was outrageous 200 years ago is commonplace in the public arena now, but there are still categories of expression that remain repugnant enough to require limits, whether they exist on line or in the real world.

One of the most fundamental problems with pornography or graphic depictions of sexual activity is the alarming amount of pornography that involves unwilling and illegally underaged participants.  Social and legal boundaries that are almost universal are violated in some cases, and using children in pornographic works is one of those universal boundaries.

There are other excesses in depicting graphic sexual content, such as "snuff" films, using sex slaves, kidnapped women and children, or in depicting the more psychologically sadistic, disturbed and harmful content that is clearly criminal activity. As a result, not only does this material need to be removed, it needs to be investigated and the participants brought to justice.

In cases where children are exposed to material that is even of a borderline graphic sexual nature, there should not only be an expectation of rights to free speech, there should be criminal investigations and sanctions. Examples are links which fraudulently direct web surfers to pornographic sites, predation where graphic sexual discussions or content invade areas that are set up for the under aged to interact, and on public library computers.

The most powerful force in protecting children from on line pornographic content is the parental and guardian supervision that provides monitoring, blocking, and in-home sanctions for voluntarily accessing such material. The world will never be a safe place for unsupervised and unmonitored children and parents, grandparents and guardians need to realize that.

If public libraries are allowed to eliminate pornography from their book catalogues, then they should be allowed to block or restrict access to online pornography. No amount of free speech requires unlimited and unrestricted material to be stocked at the community and taxpayer expense.

Fortunately, most organized social networking forums and sites have flagging and complaint mechanisms, as well as tight terms of use agreements that allow the control and sanction needed to prevent involuntary exposure to outrageous content.

In summary, while there are rights to free speech in an enlightened society, there will never be unlimited rights to free speech in any society.



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