Obscenity law defies all reason

Article Abstract:

Obscenity law is illogical for several reasons. Obscenity's legal definition, articulated by the Supreme Court in Miller v California, contravenes the purpose of the First Amendment to make sure the majority does not silence the minority. Other types of speech lacking complete First Amendment protection can cause direct harm to others, something obscenity cannot do. It is impossible to know when the violation of 'community standards' required by the Miller case has occurred since these shift. Defendants therefore have little notice of when they have violated obscenity law.

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Now that the CDA's history, let's plan anew

Article Abstract:

Congress, faced with the Supreme Court's rejection of the Communications Decency Act, should instead criminalize fraudulent representation of content on the Internet. Growing numbers of consumers will reject unrated Internet content, so criminalizing acts of deliberate misrating would instill a measure of self-control into the Internet without resorting to unconstitutional censorship. Content providers would be more willing to rate their content accurately if faced with potential criminal sanctions.

Telecommunications, Censorship, Telecommunication

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Decisions reflect nature of media; rulings to strike Communications Decency Act, uphold must-carry law, highlight 'Net's interactivity

Article Abstract:

The US Supreme Court's 1997 decisions striking down the Communications Decency Act and upholding the cable television must-carry rules appeared based on the type of media involved. The Justices recognized the uniquely decentralized and evolving nature of cyberspace required the maintenance of strong First Amendment freedoms. The reasoning used to uphold the must-carry law on cable operators focused on matters of fair competition and reflects the centralized nature of television broadcasting.

Cable Networks, Cable and other pay TV services, Cable TV Networks NEC, Cable television broadcasting industry, Surveys, Cable networks (Television), United States. Supreme Court, Must carry rules (Broadcasting)

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