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May 19, 2008

This Just In: Pandering Porn -- and Romeo & Juliet
By Harvey Silverglate

This morning, the Supreme Court ruled that a law that outlaws promoting or advertising -- "pandering" -- child pornography is constitutional and does not interfere with First Amendment freedoms. In the case, United States v. Williams, decided 7-2, the justices declared that there is no free speech right that protects "offers to provide or requests to obtain child pornography," even if (in fact) there is no pornography to be provided.

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censorship, cyberspace, First Amendment

May 19, 2008

This Just In: Pandering Porn -- and Romeo & Juliet
By Harvey Silverglate

This morning, the Supreme Court ruled that a law that outlaws promoting or advertising -- "pandering" -- child pornography is constitutional and does not interfere with First Amendment freedoms. In the case, United States v. Williams, decided 7-2, the justices declared that there is no free speech right that protects "offers to provide or requests to obtain child pornography," even if (in fact) there is no pornography to be provided.

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censorship, cyberspace, First Amendment

May 16, 2008

It's a Crime to Lie to MYSpace?
By Wendy Kaminer
By Wendy Kaminer

If the indictment of 49 year old Lori Drew for allegedly participating in a cyber hoax that drove teenager Megan Meier to suicide is emotionally gratifying, legally, it’s quite troubling. A middle-aged woman who taunts a troubled young girl deserves to be punished, somehow, but indicting her under a federal statute that was never intended to apply to cyber-bullying and gives no notice of its potential use against cyber-bullying, threatens our liberty as well as hers.

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criminal justice, cyberspace, prosecutorial abuse

March 28, 2008

Free Speech Works! Tell the Censors!
By Harvey Silverglate

There is a common misconception that society pays a heavy price for allowing free speech – emotional harm to members of target groups, leakage of national security secrets, stuff like that. In truth, the substantial positives deriving from vigorous free speech are pretty clear, while the negatives are highly speculative and usually ideologically driven.

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cyberspace, free speech, Surveillance

February 01, 2008

This Just In: MYSpace Relents
By Wendy Kaminer
MYSpace may be going to hell: it has reportedly restored, or sort of restored, the atheist and agnostic group recenty deleted, as reported below.

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censorship, cyberspace

February 01, 2008

MYSpace Exiles Atheists
By Wendy Kaminer
By Wendy Kaminer

MYSpace has deleted the 35,000 member “Atheist and Agnostic Group” in response to complaints from people who are offended by atheism, according to a press release posted by the Secular Student Alliance. Group Moderator Bryan Pesta stressed that the atheist and agnostic group had not violated any terms of service, adding, “when the largest Christian group was hacked, MYSpace’s founder, Tom Anderson, personally restored the group, and promised to protect it from future deletions.

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censorship, cyberspace, free speech

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