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Spring 2003: "Access Denied: Should Youth Access to the Internet be Restricted?"
Learning Links and Readings
Book Censorship | Child
Development | First Amendment | The
Internet
Legal Background | Media
Violence | Music | Obscenity
Public Opinion | Public
Policy | Television | Video Games | Youth
Violence
Book Censorship
“Battling
Over What Goes On Kids' Library Shelves,” -- By Christy
Mumford Jerding. From The Freedom Forum Online
“Censorship
and Challenge.” -- One perspective from the American
Library Association.
“Children's
Books Stir Up Tempest in South Carolina” -- (10/14/1999)
By The Associated Press. The state board said it was up to local
school boards to decide if the books were appropriate, but agreed
to review them. "Censorship is an ugly word, but it is not
as ugly as what I've heard this morning,"
“Disenchanted
by Harry Potter ” -- November 24, 1999. From the Concerned
Women for America - a conservative public interest group.
“Don't
Cave In to the Book Banners” -- by Joan E. Bertin, from
the National Coalition Against Censorship web page.
The book in question is Robert Lipsyte's One Fat Summer.
“Huntsville,
Ala., School Board Member Wants Two Books Banned” --
By The Associated Press
James Dawson calls Roll of Thunder, Hear My Cry and Is
He A Girl? 'trashy trash,' asks that they be removed from
elementary school libraries.
“Is
Harry Potter Evil?” By Judy Blume. -- From the National
Coalition Against Censorship web page
Free Expression Policy Project
Child Development
Normal
Adolescent Development, Facts for Families. -- From the American
Academy of Child and Adolescent Psychiatry, Facts for Families
Index.
Understanding
the Impact of Media on Children and Teens. -- From the American
Academy of Pediatrics.
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First Amendment
“Anti-Pornography Law Struck Down in a Yale Classroom,”
(June 4, 1999) by Carl S. Kaplan, New York Times Cyber Law
Journal.
Constitutional Problems with the Communications Decency
Amendment: A Legislative Analysis. -- By the Electronic Frontier
Foundation, June 16, 1995.
"Does the Children's Internet Protection Act Induce Public Libraries to Violate the First Amendment?" -- By Susanna F. Fischer, Preview of United States Supreme Court Cases.
Freedom of Expression: The Philosophical Basis. -- From
FindLaw Annotations to Constitution of U.S.
The
First Amendment at the Beginning of a New Millennium. -- From
the Freedom Forum.
The
FCC and Freedom of Speech, Publication 75. -- From the Federal
Communications Commission Mass Media Bureau
Government Restraint of Content of Expression. -- From
FindLaw Annotations to Constitution of U.S.
Mock
Supreme Court Opinion of the Washington College of Law, American
University, Law in the Information Society Class in Reno v.
ACLU (Communications Decency Act).
Regulation of Indecent Speech --
Exploring Constitutional Conflicts Web Site from the University of Missouri-Kansas City Law School. Doug Linder, Professor of Law.
Free Expression Policy Project
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The Internet
“ACLU,
Justice Department Battle Again Over Net Censorship Law,”
-- (11/20/99) by David Hudson, First Amendment Center. From the
Freedom Forum.
ACLU
page on CIPA/American Library Association Case.
Berkman
Center for Internet & Society -- From Harvard Law School.
Cato
Handbook for Congress: Freedom on the Internet and Other Computer
Networks
"Censoring
Cyberspace: Library Internet Filtering," -- Justice Talking
show on CIPA/Internet filtering.
CHILLING
THE INTERNET? Lessons from FCC Regulation of Radio Broadcasting
-- Cato Policy Analysis No. 270 March 19, 1997 CHILLING THE INTERNET?
Lessons from FCC Regulation of Radio Broadcasting by Thomas W.
Hazlett and David W. Sosa
Communications
Decency Act Archives. -- From the Center for Democracy and
Technology. Includes links to the text of the bill, amendments,
analysis, statements from congressional members about the bill,
and links to position papers of interest groups that favored the
bill.
“Consumer
Protection is Latest Excuse to Regulate the Net,” --
(12/1/99) by John Katz, from the First Amendment Center.
“FCC’s
Critics Call For More Web Regulation,” -- (12/8/99) by
the Associated Press. From the Freedom Forum.
"Internet
Censorship: Law & Policy around the World," -- Report from
Electronic Frontiers Australia.
“Libraries
Struggle with Pressure to Filter Internet,” -- (12/10/99)
by the Associated Press. From the Freedom Forum.
National
Coalition for the Protection of Children and Families
“States Just Won’t Give Up on Online Pornography
Laws,” -- (Oct. 8, 1999) by Pamela Mendels, New York
Times Cyber Law Journal.
“Predicting
the Legal Internet Issues for 2000,” -- (Dec. 31, 1999)
by Carl S. Kaplan, New York Times Cyber Law Journal.
“Radical
Library Organization Pushes Unrestricted Access to Pornography,”
-- American Family Association Journal, September 1999; Vol. 23,
Issue 9.
“A Regretful Tone in Judge’s Decision on Internet
Pornography,” -- (Feb. 5, 1999) by Carl S. Kaplan, New
York Times Cyber Law Journal.
“Regulating
Cyberspace Will Be Messy—But Fun,” -- by Ruth O’Brien,
Media Studies Center, the Freedom Forum.
“State
Internet Law Faces Different Constitutional Challenge,”
-- (July 2, 1999) by Carl S. Kaplan, New York Times Cyber Law
Journal.
SaferInternet.org
-- European Union response to issues raised by presence of "harmful,
racist, and illegal" content on Internet.
“Yale Law Professor is Main Architect of Global Filtering
Plan,” -- ( Sept. 10, 1999) by Carl S. Kaplan, New
York Times Cyber Law Journal.
Free Expression Policy Project
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Legal Background
Following are legal issues that are central to this summit.
- Full text of the 1997 Supreme Court case, Reno v. ACLU, which invalidated the 1996 Communications
Decency Act passed by Congress. [This is the leading Supreme Court case and relevant Congressional act on the subject of Freedom of Speech and the Internet.]
- Butler
v. Michigan, 1957, established that the state cannot reduce
the adult reading public to reading only what is appropriate
for children.
- Roth v. U.S., 1957, holding that obscene speech
is not protected by the First Amendment
- Ginsberg
v. New York, 1968, reaffirmed the principal that the state
has an interest in preventing the distribution to minors of
materials harmful to them.
- Miller v. California, 1973, holding that the definition
of obscenity in individual cases is to be determined by referring
to "contemporary community standards," not national
standards
-
FCC v. Pacifica, 1978, established that in the interest
of public welfare, broadcast speech that is indecent may be
regulated.
- Barnes v. Glen Theatre, 1991, holding that a state
law banning total nudity in public places does not violate the
First Amendment because it is an appropriate exercise of the
state's police power
Notable
First Amendment Cases
For general legal sites, visit
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Media Violence (General)
"FTC
Report: Entertainment Industry Markets Violent Material to Youth"
-- By The Associated Press. From the Freedom Forum.
"Pinning
a Label on Violence in Media" -- By Paul McMasters. From the
Freedom Forum.
Free Expression Policy Project
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Music
“Stopping
the Music Won't Stop the Violence,” -- From the Freedom
Forum.
The
Influence of Music and Rock Videos. Facts For Families. --
From American Academy of Child and Adolescent Psychiatry, Facts
for Families Index.
Impact
of Music Lyrics and Music Videos on Children and Youth Policy
Statement (RE9648). -- From the American Academy of Pediatrics.
"Music
Censorship: Elvis to Ice-T," -- By Eric Nuzum. Link from the Internet Wayback Machine
Eric Nuzum's Web
Site
Youth
and Violent Music -- From Mediascope.
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Obscenity
FCC Consumer Facts: Obscene and Indecent Broadcasts.
-- From the Federal Communications Commission Web site.
“Obscenity” -- A legal discussion from FindLaw
Annotations to the U.S. Constitution
Free Expression Policy Project
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Public Opinion
“Parents Deeply Torn Over Kids, Internet,”
-- (5/6/99) by the Associated Press. From the Freedom Forum.
State
of the First Amendment: A Survey of Public Attitudes.
-- By Paul McMasters, First Amendment Center.
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Public Policy
Congressional
Statement of the American Academy of Pediatrics Before the Senate
Commerce, Science and Transportation Committee on the Television
Ratings System -- (Feb. 27, 1997).
Federal Communications
Commission V-Chip Home Page
Government
Regulation of Children’s Television, Issue Brief. --
From Mediascope.
Media
Ratings: At Home and Around the World, Issue Briefs. -- From
Mediascope.
The
Public and Broadcasting (June 1999). -- From the Mass Media
Bureau, Federal Communications Commission. A brief non-technical
overview of the FCC's regulation of broadcast radio and television.
Studies
Find Public Policies for Children and Teenagers Not Very Effective:
D.A.R.E., Sex Education and TV Content Legislation Fall Short
of Their Intended Goals. -- (August 1997), Press Release from
the American Psychological Association.
Television
Blocking Technologies. -- From Mediascope.
Free Expression Policy Project
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Television
Children
and the Media -- From Arizona State University Department
of Family and Human Development.
Children,
Unlike Adults, Recall More of What They See on Television That
What They Read, Study Finds. -- (Feb. 26, 1997) Press Release
from the American Psychological Association.
Children
and Watching T.V. Facts for Families. -- From American Academy
of Child and Adolescent Psychiatry, Facts for Families Index.
How
Children Process Television, Issue Brief. -- From Mediascope,
a national nonprofit research and policy organization that provides
tools to the creative community to be more socially responsible.
National
Television Violence Study, Issue Brief. -- From study administered
by Mediascope and conducted by the Universities of California
at Santa Barbara; North Carolina at Chapel Hill; Texas at Austin,
and Wisconsin at Madison.
NVTS
(National Television Violence Study): Content Analysis, Issue
Brief. -- From study administered by Mediascope and conducted
by the Universities of California at Santa Barbara; North Carolina
at Chapel Hill; Texas at Austin, and Wisconsin at Madison.
Free Expression Policy Project
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Video Games
Children and Video Games -- From Arizona State University Department
of Family and Human Development.
"Covering
New Culture: Get into the Game," -- By Jon Katz. From the
Freedom Forum.
"The Link Between Video Games and Violence," -- By TechTV News staff. From TechTV.
"Video
Games and Aggressive Thoughts, Feelings, and Behavior in the Laboratory
and in Life," -- By Craig A. Anderson and Karen E. Dill. From
the APA Journal of Personality and Social Psychology.
"Video
Games and Children," -- By Bernard Cesarone. From ERIC.
Free Expression Policy Project
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Youth Violence
Children and School Violence -- From Arizona State University Department
of Family and Human Development.
Theories
on Causation of Youth Violence -- From the National Center
for Injury Prevention and Control, Division of Violence Prevention,
Centers for Disease Control.
Understanding
Violent Behavior in Children & Adolescents, Facts for Families.
-- From the American Academy of Child and Adolescent Psychiatry,
Facts for Families Index.
Youth
Violence: A Report of the Surgeon General -- From the Surgeon
General.
Youth Violence in the United States Fact Sheet. -- From
the National Center for Injury Prevention and Control, Division
of Violence Prevention, Centers for Disease Control.
Free Expression Policy Project
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