![]() Wedensday, March 19, 1997 |
Collegian Columnist
http://the.government.may.soon. censor.you.and.meAs editor in chief of The Daily Collegian, I am a censor. Every day, I have the final say about what content appears in the Collegian and what content does not. |
![]() Jason Alt (jta108@psu.edu) is a senior majoring in journalism and the Collegian's editor in chief. He hopes the government does not imprison him for this column. |
In addition to the Daily Collegian, I also have final say over
the content of The Weekly Collegian (which is distributed to Commonwealth
Campuses and alumni) and Collegian Magazine (which includes such
issues as the Finals Week edition). And since last fall, I've
also had final say over the content of The Digital Collegian,
our on-line publication located at http://www.collegian.psu.edu.
I don't usually use my censorship power, because a staff of nearly
30 editors works hard every day to make those decisions, based
on factors such as libel and taste. But in the end, it is I who
can decide what to print and what not to print.
That's what editors in chief do, because that's what the First
Amendment's freedom of the press and freedom of speech guarantees
allow them to do. But now that may be changing, thanks to the
controversial Communications Decency Act passed by Congress.
Today, perhaps as you're reading this column, the U.S. Supreme
Court is hearing oral arguments about the CDA. The justices are
being asked to decide the legality of the act's ban on "indecent"
and "patently offensive" material available on the Internet.
The act actually only forbids making such material available to
children, but the nature of the Internet thus really means all
indecent material would be prohibited.
This all probably sounds very distant to you. Chances are you
don't publish anything indecent on-line. And even if you do, who
would ever catch you and prosecute you?
That's exactly how I felt, until an article on The Digital Collegian
showed up in a Supreme Court brief as an example of journalism
that might be deemed indecent under the CDA.
On Oct. 2 the Daily Collegian published an article detailing a
visit to University Park by Andres Serrano, a controversial art
photographer. The same article also was posted on The Digital
Collegian. According to an amicus brief submitted to the Supreme
Court, or friend of the court brief as it is sometimes called,
the Collegian's honest descriptions of the famous artist's work
would probably fall under the CDA's indecency label.
Thus, if the Supreme Court finds the CDA to be a legal restraint
on free press and free speech, the Collegian could possibly face
future criminal charges. As Dave Barry would say, I am not making
this up!
Here's the irony: There is absolutely, positively nothing illegal
about printing that same article in the Daily Collegian newspaper.
But as soon as those same words are published in an electronic
format on a World Wide Web site, they are the instrument of a
crime -- a crime punishable by up to two years in prison. That's
a very dangerous precedent for our country to be setting.
"Indecent" and "patently offensive material"
is protected under the First Amendment, though it may not always
be pleasant or tasteful.
But if the First Amendment was intended to protect only pleasant,
agreeable speech, there would be no need for the amendment in
the first place.
What courts have said about the First Amendment is that it's not
an absolute right, ruling that "obscene" material --
which is held to a much stricter standard -- can be made illegal.
But to say anything "indecent" or "patently offensive"
is prohibited on the Internet is to restrict free speech in a
way our country has never seen before.
The Internet, especially the World Wide Web, has the potential
to be the great equalizer when it comes to expression of ideas.
It's a place where anyone, even someone with little resources,
can proclaim their thoughts and ideas. It's a place where minority
voices can be on equal ground, where uncommon and unheard voices
can be heard. (No wonder the government is scared!)
But all that changes if the CDA is upheld by the Supreme Court.
Suddenly, everything we say on the Internet must be G-rated. The
greatest, most global form of communication ever will suddenly
become a lame Disney movie.
And that means a lot more will be censored than just a Digital
Collegian article. Some examples:
The danger of such an act is very clear. Repeatedly, the Daily
Collegian Board of Opinion urged its readers to contact legislators
and urge them to vote against the CDA. Not enough people did.
Now it's too late. All we can do is hold our breath as seven men
and two women decide the fate of free speech. I, and every other
editor in chief in the country, must wait to find out if the censors
of the 21st century will be us or the government.
That's what I call indecent.
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Copyright © 1997, Collegian Inc., Last Updated -
3/18/97 6:43:57 PM