Content on the Internet

63. The diversity of content on the Internet is as broad as the Internet itself. Content can be found on millions of computers worldwide, and ranges from academic research to art to humor to literature to medical information to music to news to virtually anything else. Moreover, at any one time, the Internet serves as the communication medium for literally tens of thousands of global conversations, political debates, and social dialogues. For example, on the Internet, one can view the full text of the Bible, all of the works of Shakespeare, and numerous other classic works of literature. One can browse through paintings from museums around the world, or view in close-up detail the ceiling of the Sistine Chapel, or see the latest photographs transmitted by the Jupiter space probe. One can even hear pieces of music or view clips of movies and videos over the Internet.

64. There is a significant amount of content on the Internet that could be considered "indecent" for minors in some communities in the United States, but which most people would consider to be extremely valuable and appropriate for adults, and which, in any event, is constitutionally protected for adults. Such content includes, for example, great works of art and literature (containing depictions and descriptions of nudes and sexual conduct), examples of modern popular culture (containing popular music, lyrics, movie images, or literature with sexual content), medical information (containing depictions and descriptions relating to child birth, sexually transmitted diseases, and sexually related medical conditions), and historical and scientific information (containing, for example, accounts of historic criminal trials or other historical, sociological, and anthropological works). Such content, and other content typically provided by non-commercial providers, is effectively banned by the Act.

65. The fear that some communities in the United States would conclude that this type of valuable material is "indecent" for minors is well founded. Communities across the country have banned or sought to ban classic works of literature, such as Of Mice and Men by John Steinbeck, As I Lay Dying by William Faulkner, The Adventures of Huckleberry Finn by Mark Twain, The Adventures of Tom Sawyer by Mark Twain, Catcher in the Rye by J.D. Salinger, and I Know Why The Caged Bird Sings by Maya Angelou, as "indecent" for minors. Even the American Heritage Dictionary and parts of the Bible have been attacked as being "indecent" for minors. All of these works (some of which are available in whole or in part on the Internet), and works with similar content, are effectively banned by the Act.

66. In addition to the above type of content that is banned by the Act, a tremendous amount of common human discourse is banned by the Act. In the course of conversations, discussions and debates, many citizens use language and imagery that in some communities would be viewed as "indecent" for minors. Vigorous and heated debate often occurs with harsh or vulgar words. Many people, and many speakers on the Internet, use in common discourse words that describe "sexual or excretory activities or organs" in terms that might be deemed to be "patently offensive" for minors. The use of vulgar words in a dialog with friends -- which would be perfectly legal over the telephone or in a letter or on a basketball court -- would be illegal under the Act if sent over the Internet.

67. There are many examples on the Internet of valuable content that can be displayed only subject to the threat of criminal liability and prosecution.

68. For example, a content provider would reasonably fear prosecution under the Act for the unrestricted display of written descriptions of sexual intercourse.

69. There are available on the Internet important works of literature that include descriptions of sexual intercourse.

70. Similarly, a content provider would reasonably fear prosecution under the Act for the unrestricted display of images of nude men and/or women.

71. There are available on the Internet numerous important works of art -- paintings, drawings and photographs by great masters and modern artists alike -- that depict nude men and/or women. An example of such a work of art is Manet's Olympia.

72. Similarly, content providers would reasonably fear prosecution under the Act for engaging in a vigorous online debate in which there is repeated use of the "seven dirty words" at issue in the decision in Federal Communications Commission v. Pacifica Foundation, 438 U.S. 726 (1978).

73. There are on the Internet -- on a daily basis -- vigorous political, social, and other dialogues and debates that include unrestricted use of one or more of the "seven dirty words."

74. Similarly, a content provider would reasonably fear prosecution under the Act for the display on a World Wide Web "home page" of vulgar statements of the type at issue in Cohen v. California, 403 U.S. 15 (1971).

75. The Supreme Court has specifically held that the use of the vulgar statement in Cohen is protected expression, even when displayed in public areas when children are present.

76. Similarly, a content provider would reasonably fear prosecution under the Act for the display of a parody that makes explicit assertions about the "sexual or excretory activities or organs" of a well known public figure, as was at issue in Hustler Magazine v. Falwell, 485 U.S. 46 (1988).

77. The Supreme Court specifically held in Falwell that a parody that made explicit assertions about the "sexual or excretory activities or organs" of a well known public figure is protected expression.

78. Similarly, a content provider would reasonably fear prosecution under the Act for the unrestricted display of detailed information concerning birth control and the transmission of sexually transmitted diseases.

79. The Supreme Court specifically held in Bolger v. Youngs Drug Products Corp., 463 U.S. 60 (1983), that such communications are protected expression and can be mailed, unsolicited, into homes.

80. There is a tremendous amount of valuable content on the Internet that is constitutionally protected for adults, but is nevertheless subject to prosecution under the Act.


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