Wednesday, March 11, 2009

Might as well censor Michelangelo

Unlike television, the internet is difficult to keep track of. With the television, there is the V-chip, which allows parents to control what their children are able to view, and there are Federal Communications Commission regulations that keep indecency and obscenity off the air, at least until the kiddies go to bed. There is much debate over what indecency and obscenity constitute, but at least there will always be porn on the internet right? Children, on the other hand, are a completely different issue. We are obsessed with protecting our kids from anything unwholesome. I think FCC censorship is enough as it is!

The case of Roth v. United States ruled that anything containing material that has “no redeeming social importance” could be banned by the government. I am always unsure as to what is considered to have redeeming social importance. All this is cleared up in Miller v. California with the Miller Test which held that three points must be hit for anything to be considered offensive. 1) The government can restrict obscene material that the average person with community standards finds it appeals to prurient interests. 2) The work, sexual conduct or excretory functions, is “patently offensive” Memoirs v. Massachussetts. 3) The work as a whole lacks serious literary, artistic, political or scientific value. I think that the government is scared of sex and potty jokes….seriously.

This country slaves away to make the internet safer for all children. The Child Online Protection Act, COPA, which apparently protected minors from harmful materials on the internet was rejected again in the United States Court of Appeals for the Third Circuit due to its violation of the First Amendment. COPA does not necessarily prevent minors from accessing foreign harmful materials alone makes it possible that filtering software might be more effective in serving Congress’ goals. Also the term “community standards” upon which the materials were to be deemed harmful were said to be too broad. The reason COPA has been ruled unconstitutional and rejected so many times is because it oversteps the boundaries of the First amendment. We need to protect our rights to look up whatever the hell we want!

We cannot stop our kids from being exposed to obscenity. If they don’t hear it from us, they will hear it somewhere else. I know it’s difficult for parents to hear, but your children are not mush! They can make decisions and judgments on their own. Nobody’s daughters are wearing boob cut-out shirts to be like Holly from the “Girls Next Door,” and nobody’s sons are making out with every girl in the pool like “The Bachelor.” There are so many obscene materials out there, not everyone is part of a mass society where we allow the media to affect us without interpretation. I know I’m not the only person who believes that America is a puritanical society. I actually think this is why we are falling behind in the world. We have so many regulations up, it could be to the point that we even though we are not exposed to the “obscene,” but we are not exposed to anything else. We see people getting murdered all the time in movies and television, but it’s not a monkey-see-monkey-do situation. Unless we are the Natural Born Killers.

2 comments:

  1. I'm hesitant to accept this logic. Maybe I'm reading this wrong, but it seems like "since we haven't been perfectly successful in shielding our kids from obscenity, we shouldn't bother trying at all." Children's maturity differs; some *are* unable to handle certain content at a particular age. You mention that showing people being murdered doesn't turn us into killers, but I think you're approaching this from a standpoint of an adult, not an impressionable child. See http://articles.latimes.com/2001/jan/14/news/mn-12271

    I guess the question is: if our kids are immature, what's the solution? Should we keep them sheltered until they can handle the world's media, or should we try to immunize them from violence, sex, and the like by allowing them to see all the graphic images that are out there? I'm not going to try armchair psychology; I don't know what studies have been conducted or what the results are. If parents truly think that exposure to obscenity will help their child's development, they could look to Stanley v. Georgia to see that they could view obscenity in their own homes without fear of government action. (Note that this may not apply to showing the material to kids.) As a judge, I'd be willing to defer to the legislature on hashing out the details of how best to protect kids. As a legislator in an ideal world, I'd like to see the facts: scientific studies on the approaches to protecting kids. As a legislator in reality, though, I'd be worried about offending those I represent and losing the next election if I get anywhere near proposing this. Sucks.

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  2. I don't feel that attempting to give parents the tools they seek to raise their children the way they wish in a society where everyone is free to be as offensive as they want is an evil thing. I also reject the notion that we can be saved from "falling behind" in the world by "sheltering" our children from shows like MTV's Jackass, or even internet pornography.

    COPA:
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    (a) ACTS PROHIBITED.—

    (1) IN GENERAL.—It is unlawful for an operator of a website or online service directed to children, or any operator that has actual knowledge that it is collecting personal information from a child, to collect personal information from a child in a manner that violates the regulations prescribed under subsection (b).

    (2) DISCLOSURE TO PARENT PROTECTED.—Notwithstanding paragraph (1), neither an operator of such a website or online service nor the operator's agent shall be held to be liable under any Federal or State law for any disclosure made in good faith and following reasonable procedures in responding to a request for disclosure of per-sonal information under subsection (b)(1)(B)(iii) to the parent of a child.
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    I think there are valid reasons why this act should fail in court, namely the enforcement of it, but it doesn't mean that I believe that by cutting kiddies off from porn, our society will crumble and our math scores will drop below international standards.

    When a parent guides their child along in life, they explain things to them in ways that will make sense, and particularly highlight dangers of risky decisions. The media has little motivation to depict violence or sex as an unhealthy past time, and so focuses on providing the viewer with positive, happy feelings while they are viewing depictions of sexual acts.

    Violence: Albert Bandura found that after observing an aggressive model, many children imitate the model's acts PRECISELY, especially if the model's aggression was rewarded. Example- they were shown a picture of an adult kicking an inflatable doll and yelling BLAMMO!, and at the end of the film, they adult was rewarded with cookies. A different test group was shown the same film, but for them the ending was a depiction of the adult being reprimanded for abusing the poor, defenseless inflatable doll. Children who viewed the first film were much more likely to attack the doll when placed in a playroom with it, and children who watched the second film.. well... guess!

    I don't think that it's a bad idea to prohibit companies from gathering information from children at a time in their lives when they are too innocent to make informed decisions about what information to give out and what information to keep.

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