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Censorship/Obscenity at PsychoZone.net?
The Citizens Internet
Empowerment Coalition came together to oppose Congress'
first attempt to regulate content on the Internet, the
Communications Decency Act, which the U.S. Supreme Court
found unconstitutional on June 26, 1997.
Supreme Court Rules CDA
Unconstitutional
[Thursday June 26, 1997]
"As a matter of
constitutional tradition, in the absence of evidence to the
contrary, we presume that governmental regulation of the
content of speech is more likely to interfere with the free
exchange of ideas than to encourage it. The interest in
encouraging freedom of expression in a democratic society
outweighs any theoretical but unproven benefit of
censorship." -- Justice John Paul Stevens, writing for the
majority
The Supreme Court ruled
unanimously that the Communications Decency Act violates the
First Amendment. Writing for the court, Justice John Paul
Stevens held that "the CDA places an unacceptably heavy
burden on protected speech" and found that all provisions of
the CDA are unconstitutional as they apply to "indecent" or
"patently offensive" speech. In a separate concurrence,
Chief Justice William Rhenquist and Justice Sandra Day
O'Connor agreed that the provisions of the CDA are all
unconstitutional except in their narrow application to
"communications between an adult and one or more minors."
The definition of
obscenity, according to the Supreme Court and known
informally as the Miller test, is:
must appeal to the
prurient interest of the average person
must describe sexual conduct in a way that is "patently
offensive" to community standards, and
when taken as a "whole", it "must lack serious literary,
artistic, political, or scientific value"
Certain people have
complained to us about images and content on our site, and
about children having access to view our site.
What we say to you
is...The net is not a babysitter. Children should not be
surfing the net unsupervised. Would you let your children
roam the streets by themselves? What makes for a responsible
child is a responsible adult! Your children are YOUR
responsibility not ours!
Remember, no child has
access to the internet without the consent of a
responsible parent/adult. Supervision of children is the
responsibility of the parent/adult, as it always has been
and always will be.
As far as you adults, that
don't like our site. What are you doing here? We have a
right to post our views, just as you have a right to view
them, or not! If you don't like it, we suggest you
leave and
don't come back! That's called self censorship! ;-) It's
very simple!
Most all our web site
content and images are not even prurient, so would not fall
under any definition of obscenity. As far as our First
Amendment rights. We have them just as you do! If you don't
like something, don't view it! It only take a little common
sense... USE IT!
Some of our site's
content, and pictures may be offensive, but that has never
been a crime. Sometimes life is offensive. You just have to
expect that.
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