Can the Law Keep Up With the Internet?
Slate News
Slate Podcasts
4.5 • 6K Ratings
🗓️ 24 June 2022
⏱️ 21 minutes
🧾️ Download transcript
Summary
The openness of the internet is its greatest strength. Or a glaring weakness, depending on who you ask. Does something need to change?
Guest: Jared Schroeder
Host: Sonari Glinton
Hosted on Acast. See acast.com/privacy for more information.
Transcript
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| 0:00.0 | Let's go back to 1996. |
| 0:06.9 | You know, Seinfeld friends, the Simpsons were still good, and the World Wide Web was the Wow Wow West. |
| 0:19.5 | There were still great fortunes to be made and a lot of freedom, maybe too much. |
| 0:25.4 | Congress was very worried about one thing. |
| 0:27.9 | That's Jared Schroeder. |
| 0:29.1 | He's a professor at Southern Methodist University in Dallas, SMU. |
| 0:33.3 | He studies free expression and emerging technologies. |
| 0:37.5 | There's a famous Time magazine cover, and it's got the words in big letters, cyber porn. |
| 0:44.7 | This new thing, the World Wide Web, was open and free. |
| 0:49.6 | For the first time, nearly everyone had knowledge at their fingertips fingertips and the freedom to connect with people |
| 0:56.0 | all over the world. But that freedom also meant easy access to obscene and indecent content |
| 1:01.8 | to anyone with internet access, including children. The very same stuff I try to keep my kids |
| 1:07.6 | from not seeing today, right, 25 years later. Congress's solution? The Communication Decency Act, or CDA, which passed in 1996. |
| 1:17.0 | One of the goals of the law was to keep children from watching sexually explicit content on the web. |
| 1:22.7 | The law was meant to try to limit the ability of children to have access to indecent and obscene content. |
| 1:31.0 | If something is obscene is not protected by the First Amendment and the government can regulate it all |
| 1:35.5 | it wants. But if it's indecent but not obscene, the government generally cannot regulate it. It is |
| 1:41.6 | protected by the First Amendment. So putting indecent limitations on indecent content into the law kind of triggered a First Amendment |
| 1:50.5 | problem. So the American Civil Liberties Union quickly sued the government in the case |
| 1:56.8 | Reno versus ACLU. The main argument was that censorship provisions in the Communications Decency Act were unconstitutional |
| 2:05.1 | because they criminalized expression protected by the First Amendment. |
| 2:09.4 | The ACLU argued that terms like indecency were too vague. |
... |
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