Stejskal: As the Election Approaches, Keep in Mind Who Trump Chooses to Reward or Punish – ticklethewire.com

The writer, an FBI agent for 31 years, retired as resident agent in charge of the Ann Arbor office in 2006.

By Greg Stejskalticklethewire.com

Last week two peoples lives changed dramatically. One avoided jail. The others military career ended prematurely.

On Friday evening, the White House announced that President Trump had commuted Roger Stones 40-month prison term. Stone, a longtime friend of Trump and a self-described dirty trickster, had made no secret of his desire to receive a pardon or clemency from the president. He made it known that he had remained loyal to the president. Actually, he had gone beyond loyalty and committed perjury by lying to Congress and threatening a potential witness.

The subject of his lies was his knowledge of Wikileaks possession and ultimate distribution of emails that a Russian intelligence agency had hacked from the Democratic National Committee. He had acted as a go-between for the Trump campaign with Wikileaks. Stone refused to cooperate with Special Counsel Robert Muellers investigation, ostensibly to protect the president.

He was charged with seven counts, including perjury, obstruction of Congress and witness tampering. He was convicted by a jury on all seven counts and sentenced to 40 months in prison.

At his sentencing, Judge Amy Berman Jackson said that Stone was not prosecuted, as some have complained, for standing up for the president, he was prosecuted for covering up for the president.

Until last week, Stone had been trying to postpone the day he would begin serving his sentence Stone claimed he had respiratory issues and was concerned about being vulnerable to Covid-19 if he were incarcerated. He may also have been anxious about being in a communal shower, as he has a tattoo of his idol, Richard Nixon, on his upper back.

Because Stones sentence was commuted, he will not be going to jail, but remains a convicted felon.

Payback time

In late February 2020, very soon after President Trump was acquitted by the Senate in his impeachment trial, Trump began to exact retribution against witnesses who had testified in the impeachment hearings.

One of them, Lt. Col. Alexander Vindman, was fired from his position on the National Security Council and escorted out of the White House. Vindman remained in the Army but recently learned that he was not on the promotion list to be a full colonel. In the military if you are not promoted, it is a not-so-subtle indicator that your career is over. Consequently, last week Vindman decided to retire.

His testimony had incurred the wrath of the Commander-in-Chief.

Vindman has a classic, and admirable, immigrant story. His Jewish family fled Ukraine, which at the time was part of the Soviet Union, when Alexander was 3. His mother had died, and his father believed his three sons future would be better in America. After first going to Italy, they were able to get visas to emigrate to the U.S.

They settled in the Brighton Beach area of New York City. It was difficult financially and Vindmans father had to work several jobs. He also took English lessons at night. He told his family how important it was to assimilate into their new country and the importance of education.

Vindman and his brothers went to college, participated in ROTC and after graduation, joined the Army. Vindman, fluent in both Russian and Ukrainian, earned a masters degree in Russian and East European studies from Harvard. In 2003, as an infantry officer, he was deployed to Iraq where he was wounded by an IED explosion and received the Purple Heart.

Live free of fear

In October 2019, Vindman was subpoenaed to testify in the impeachment hearings. In his opening statement, he said: I have dedicated my entire professional life to the United States of America more than two decades as an officer in the U.S. Army.

My simple act of appearing here today. would not be tolerated in many places around the world. In Russia, my act of expressing my concerns to the chain of command in an official and private channel would have severe personal and professional repercussions, and offering public testimony involving the president would surely cost me my life.

I am grateful for my fathers brave act 40 years ago and for the privilege of being an American citizen and public servant, where I can live free of fear for mine and my familys safety.

So, last week we saw the consequences of Trumps acts:

A career soldier who believed he was doing his duty for his country and the Constitution which he swore an oath to protect and defend, was forced to retire from the U.S. Army.

And a career dirty trickster who took an oath to tell the truth but chose to lie to Congress and threatened a potential witness, who then taunted the criminal justice system, will not be incarcerated, because he had the ultimate get out of jail free card.

As we look towards the presidential election and who the president chooses to reward or punish, it would be good to ask ourselves which of these men personifies the values for which our country should stand.

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Stejskal: As the Election Approaches, Keep in Mind Who Trump Chooses to Reward or Punish - ticklethewire.com

Is cancel culture silencing open debate? There are risks to shutting down opinions we disagree with – The Conversation AU

Earlier this week, 150 high-profile authors, commentators and scholars signed an open letter in Harpers magazine claiming that open debate and toleration of differences are under attack. Signatories included JK Rowling, Margaret Atwood, Gloria Steinem and Noam Chomsky.

While prefacing their comments with support for current racial and social justice movements, the signatories argue there has been a weakening of the norms of open debate in favour of dogma, coercion and ideological conformity. They perceive

an intolerance of opposing views, a vogue for public shaming and ostracism, and the tendency to dissolve complex policy issues in a blinding moral certainty.

The letters signing by Rowling comes in the wake of widespread backlash against her controversial comments on transgender issues and womanhood.

Actor Daniel Radcliffe (Harry Potter himself) joined a chorus of disapproval of her comments, arguing they erased the identity and dignity of transgender people. Employees at Rowlings publisher subsequently refused to work on her forthcoming book.

The Harpers letter invoked similar cases of what it saw as punitive overreactions to unpopular views, suggesting they formed part of a larger trend:

Editors are fired for running controversial pieces; books are withdrawn for alleged inauthenticity; journalists are barred from writing on certain topics; professors are investigated for quoting works of literature in class; a researcher is fired for circulating a peer-reviewed academic study; and the heads of organizations are ousted for what are sometimes just clumsy mistakes.

The reference to editors being fired is perhaps the most well-known recent incident. Last month, the New York Times published an opinion piece by Republican Senator Tom Cotton calling for the military to provide an overwhelming show of force to restore order in US cities during the protests over the killing of George Floyd.

The pieces publication attracted immediate criticism for promoting hate and putting black journalists in danger. In response, the editorial page editor emphasised the newspapers longstanding commitment to open debate, arguing the public would be better equipped to push back against the senators stance if it heard his views.

This defence failed, and within days he resigned.

Read more: In publishing Tom Cotton, the New York Times has made a terrible error of judgment

Perhaps unsurprisingly, the Harpers letter has received spirited critique. Some commentators noted past cases where the signatories had themselves been censorious. Others argued that any perceived threat was overblown.

Indeed, the link the open letter makes between a repressive government and an intolerant society may seem a long bow to draw. There is a world of difference between the legal prohibition of speech and a wave of collective outrage on Twitter.

Yet, it is nevertheless worth considering whether important ethical outcomes are threatened in a culture of outrage, de-platforming and cancelling.

Almost everyone would agree some types of speech are beyond the pale. Racial slurs dont deserve careful consideration. They require calling out, social censure and efforts at minimising harm.

Rather than objecting to outrage per se, the Harpers letter asserts there is a broadening in the scope of views that attract punitive responses. This seems plausible. In recent scholarly work on the tensions between censorship and academic freedom on university campuses, both sides of the dispute acknowledge that in the current environment virtually all utterances offend someone.

Yet, perhaps there are good reasons for this broadening of scope. In each of the cases raised in the letter, there were seemingly sensible reasons for applying social sanctions. These included judgements that:

the speech was morally wrongful

the speech was gravely offensive

the speech would have seriously worrying consequences. It was unhelpful, harmful, damaging or divisive.

For someone who is genuinely concerned that speech is wrong in these ways, it will seem not just morally permissible to take action against the speaker. It will feel obligatory.

Read more: No, you're not entitled to your opinion

But several concerns arise when we attach punitive consequences to peoples speech based on its perceived moral wrongfulness (as opposed to simply arguing it is mistaken or false).

First, claims of moral wrongfulness in a debate assume immediate urgency and distract from the debate itself. For example, lets say in a debate about immigration, one person says something that offends another. Discussion of the original issue (immigration) will be bracketed until the issue of moral wrongdoing (the perceived slight or offence) is resolved.

Second (except in obvious cases), claims about wrongfulness, offensiveness and harmfulness are all open to debate. As philosopher John Stuart Mill once observed:

The usefulness of an opinion is itself a matter of opinion: as disputable, as open to discussion, and requiring discussion as much, as the opinion itself.

Third, allegations of wrongdoing create heat. Few people respond constructively to allegations of wrongdoing. They often retaliate in kind, escalating the conflict.

In a less politicised environment, a contentious claim might be treated as a contribution to a debate to be considered on its merits. But in our current climate, the same claim creates only angry allegations flying in both directions. As a result, the claim isnt considered or debated.

If we think a persons view is wrong and immoral, we might suppose there is no great loss about a debate being derailed. But there are genuine ethical concerns here.

First, public deliberation is a source of legitimacy. The fact that different views are widely heard and inclusively considered provides a reason for accepting collective decisions.

Democracy itself assumes citizens can hear different arguments, evidence and perspectives. If significant parts of the political spectrum are no longer tolerated, then social institutions lose this important type of legitimacy.

Read more: Actually, it's OK to disagree. Here are 5 ways we can argue better

Second, listening to others with different opinions, and engaging with them, can help us understand their views and develop more informed versions of our own positions.

On the flip side, being consistently outraged by opposing viewpoints provides a ready reason not to consider them. This feeds directly into confirmation bias and group-think.

Third, shaming people can cause a persuasive boomerang to occur.When people feel others are trying to control them, they can become even more attached to the view others are trying to combat.

None of these concerns categorically rule out attaching punishing consequences to hateful or harmful speech. But they do imply the open letter has a point worth serious attention. Seeing mistaken views as intolerable speech carries genuine ethical costs.

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Is cancel culture silencing open debate? There are risks to shutting down opinions we disagree with - The Conversation AU

Security risks of outdated encryption: Is your data really secure? – Security Boulevard

Introduction

They say that those who fail to learn history are doomed to repeat it. A salient factor in the defeat of Austria by Prussia in the 1866 Austro-Prussian war was the Prussian armys standardization of the (then) modern, rapid firing, bolt-action Dreyse needle-gun. In contrast, the Austrian army persisted with the use of outdated (slow-loading) muzzle-loading rifles. And so, Austria was out-gunned, leading to a disastrous battlefield performance. This is an important lesson in not adapting to modern technological improvements and one that is pertinent to encryption applications.

Its well-known that encryption algorithms rarely stand the test of time. This is partly because such algorithms are devised against a knowledge of the methods of attack and cryptanalysis that either exist or are envisaged at the time the algorithm is written. And so, as novel methods of attack are uncovered, hardware processing speeds increase and cryptanalysis develops, so too do encryption algorithms fall prey to new vulnerabilities.

There are many examples of outdated encryption algorithms, now considered dangerously obsolete. Some common examples are discussed here.

An algorithm is only as good as the testing it goes through in the field. It is often that insecurities inherent in an algorithm only become apparent after many years of use. Lets look at some examples.

Hashing is an umbrella term that encompasses methods used to encrypt data in a manner that cannot be reversed. Data passed through a hash algorithm produces a fixed size sequence of bytes, which should be unique for any data input. However, hashing is an insecure method.

Invented in 1991 by the famous cryptographer Ron Rivest, the hash algorithm MD5 was considered secure enough for most cryptographic purposes throughout the early 90s. Later, however, it was discovered to be totally (Read more...)

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Security risks of outdated encryption: Is your data really secure? - Security Boulevard

Censorship is the real aim of internet Senate bill (Editorial) – masslive.com

It's all about protecting children, don't you know. And who could oppose that?

So said those behind a Senate bill called the Eliminating Abusive and Rampant Neglect of Interactive Technologies -- EARN IT -- Act.

And so persuasive were they that the Judiciary Committee voted unanimously, 22-0, to move the bill to the full Senate. When something can pass out of committee without a single dissenting vote in our hyper-partisan era, you know it's either completely noncontroversial or an obviously great idea.

This bill, though, is neither.

To read the bill, and to hear its supporters talk it up, you'd think that the bill would end the scourge of online child pornography. And if that were true, then one could understand why it passed in committee unanimously.

Trouble is, the bill, by most rational estimates, would actually do next to nothing about child pornography. It would, however, chill speech by making those who monitor Web postings increasingly skittish, and, as a result, prone to added censorship.

Specifically, the bill amends Section 230 of the Communications Decency Act of 1996. It's that section that shields Internet companies from legal liability for postings made by others. Simply put: Website X isn't legally responsible for something posted by User Y.

Such has allowed both the good and the bad that has made the Internet balloon over these decades.

Though the Senate bill that had been proposed contained sweeping anti-encryption provisions that made it toxic to civil libertarians and a broad swath of tech advocates, the bill was successfully amended on Thursday to kill those proposals. Sen. Lindsey Graham, R-S.C., the bill's sponsor, called the encryption debate "a separate issue." Further, he said, "My goal is not to outlaw encryption."

Sadly, that may well be Attorney General Bill Barr's goal, so don't be surprised to see the encryption discussion bubbling up again soon enough. When it does, it'll be fundamentally important to remember one central point: We don't make the people safer by making their personal devices and their data less secure.

That discussion, thankfully, can be put on hold for the moment. Sadly, though, everyone should anticipate lots of yapping about child pornography and exploitation as essential elements of the new Senate bill. Thats a cover for the real aim of the law -- to add government control and increase censorship on the net.

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Censorship is the real aim of internet Senate bill (Editorial) - masslive.com

Topological Quantum Computing Market Growth By Manufacturers, Type And Application, Forecast To 2026 – 3rd Watch News

New Jersey, United States,- Market Research Intellect sheds light on the market scope, potential, and performance perspective of the Global Topological Quantum Computing Market by carrying out an extensive market analysis. Pivotal market aspects like market trends, the shift in customer preferences, fluctuating consumption, cost volatility, the product range available in the market, growth rate, drivers and constraints, financial standing, and challenges existing in the market are comprehensively evaluated to deduce their impact on the growth of the market in the coming years. The report also gives an industry-wide competitive analysis, highlighting the different market segments, individual market share of leading players, and the contemporary market scenario and the most vital elements to study while assessing the global Topological Quantum Computing market.

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Topological Quantum Computing Market Growth By Manufacturers, Type And Application, Forecast To 2026 - 3rd Watch News

Fast Pace of Cryptocurrency Adoption in Latin America May be due to Dramatic Rise in Smartphone Users, Bitso Executive Reveals – Crowdfund Insider

Bitso, one of Latin Americas largest digital asset exchanges, has reportedly reached 1 million users before its planned launch in Brazil.

Santiago Alvarado, director of international payments at Bitso, recently talked about how cryptocurrencies might help with settling cross-border transactions in Latin America. Alvarado, whose comments came during a Unitize panel (held on July 8, 2020), was joined by Craig DeWitt, the director of product at American Fintech firm Ripple, and Reed Cataldo from the Prysm Group.

Alvarado confirmed, during the discussion, that Bitso has surpassed 1 million users. Bitso has been offering crypto-related services in Mexico and Argentina. The company is now preparing to enter the Brazilian markets.

Launched in 2014, Bitso is notably the first digital currency exchange established in Mexico. Its also the largest cryptocurrency trading platform in the $1 trillion+ economy. Bitso is also reportedly the biggest crypto-asset exchange in Argentina after introducing services in February 2020.

Alvarado said that Bitso has been able to attract a large number of crypto traders in Argentina in a very short period of time. This may be attributed to the rising demand for affordable or more convenient methods for making cross-border payments and remittances.

Alvarado noted that Argentina has a very large and active crypto community. The country also has many freelancer workers, who might be accepting payments in cryptocurrencies which have become a popular alternative to fiat money in countries with high levels of inflation or too many restrictions on using the traditional financial system.

Alvarado also mentioned that the fast pace of digital currency adoption in Latin America may be due to the dramatic rise in the use of smartphones and the development of distribution infrastructure.

He revealed that around 50% to 60% of the people living in Latin America now have a bank account and around 80% are using mobile phones. He added that smartphones will play a big role in helping users with conveniently accessing modern financial services.

Crypto traders based in Argentina traded 92 Bitcoins (BTC), valued at around $850,000, via P2P exchange LocalBitcoins during the week ending on July 7, 2020. This is notably the highest BTC trading volume in the country since 2016.

Coinbase and Ripple have invested in Bitsos operations in order to help the exchange with expanding operations into Argentina and Brazil.

As reported in May 2020, Ripples (on-demand liquidity) ODL solutions volume in Mexico may have increased because of Ripples partnerships with Bitso and MoneyGram. Ripple introduced its ODL services in Mexico, in 2019, with the help of Bitso, which serves as its exchange partner.

In February 2020, Bitso revealed it had captured a little more than 2% of the remittance market from the United States to Mexico in 2019 and now aims to gain a 20% market share by the end of this year.

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Fast Pace of Cryptocurrency Adoption in Latin America May be due to Dramatic Rise in Smartphone Users, Bitso Executive Reveals - Crowdfund Insider

Instagram Reels Is Now Available in India, but Can It Replace TikTok? – Gadgets 360

Instagram Reels wouldn't have made it to India so soon if TikTok wasn't banned in the country. India's decision to ban TikTok and 58 other Chinese apps has opened up new opportunities in the country's growing online space. It didn't come as a surprise when Facebook's Instagram started rolling out its TikTok-like feature, Reels, in India. Facebook had been advertising Instagram on TikTok in India for a while now, and this seems like a perfect chance to bring more TikTok users onboard.

With Reels, Instagram is hoping to seize some, if not all, of TikTok's extensive user base of around 200 million users in India. But Instagram isn't alone, a large number of regional developers have smelled the opportunity, and are quickly cashing in on it. While local TikTok clones are simply trying to achieve bigger download numbers without focussing on content, Instagram roped in popular TikTok creators before rolling out Reels in India.

Late last year, Instagram started experimenting with its Reels feature in Brazil. Reels isn't a standalone app, but just a new feature that allows users to create quick 15-second videos within Instagram, available to users on both Android and iOS. In June this year, Instagram released its TikTok clone Reels feature in France and Germany. Over time Reels has received some updates on Instagram based on initial user feedback.

With all the sudden hype around Instagram's new Reels feature in India the obvious question amongst several key influencers (and other not-so-popular content creators) is will Instagram Reels replace TikTok in India? Turns out, it's quite a complicated path ahead for Instagram.

Officially, Instagram's Reels feature is in an experimental stage. While that gives the company the freedom to experiment (and fail), it leaves content creators wondering if it's worth spending their time and energy on it. Facebook is known to kill products quickly, but if Reels gets enough users it might just become a major feature within Instagram.

For creators, the bigger question is whether they'll be able to monetize their content on Reels or not since Instagram can already make some good money out of it as Reels appear on the Explore tab and Stories (optional for users).

Let's take a look at what works for Instagram Reels and what doesn't. For starters, Reels is buried inside Instagram. Although the company has made several UI changes, it's slightly easier to discover Reels via the Explore tab and user profiles, it's a bit difficult to find out how you can create one. No wonder a lot of people have been wondering where to find the new Reels feature inside Instagram.

The user interface faintly reminds you of TikTok. You can select an audio track, speed up or slow down a video, add effects, and set up a timer to record a clip. As of now, users can only create 15-second clips on Instagram Reels. Once you're created a 'Reel' it is displayed in your regular Instagram feed, inside your profile, and if it's good enough Instagram will feature it in the Explore tab.

That sounds simple enough, doesn't it? Here's why it gets complicated. With Reels, there are now almost five different ways to create videos on Instagram. You can create a live video, a video within a story, a normal video on your Instagram feed, a long-form IGTV video, and now Reels. Leaving aside live videos, users will need to pick from the other four formats to create and share videos.

Of course, Reels will have its own set of fans and creators who want to make quick, fun-filled videos. But apart from a few things, there's nothing you couldn't already do on Instagram that stopped you from making such short videos. As of now, most TikTok influencers who've jumped ship have been seen posting their older TikTok videos on Instagram Reels.

Existing Instagram users with a large number of following will have an edge over, say users creating a fresh profile while coming over from TikTok, on Reels. While TikTok's algorithm was fine-tuned to resurface good content no matter how many followers a user has, there's no clear word on whether Instagram will follow a similar path. In this madness, fresh users' content may simply remain buried.

What Instagram really lacks, especially with Reels, is TikTok's powerful content creation tools and the simple idea of creating and consuming short videos in a loop. On Instagram, things are about to get a lot noisier unless Reels decides to become a standalone app in the near future.

Speaking of standalone apps, Reels wasn't probably a TikTok clone in Facebook's dictionary. The company's real TikTok clone was a standalone app called Lasso, which is sadly shutting down later this month.

TikTok was immensely popular in rural parts of India, giving rise to a whole new generation of content creators. According to Sensor Tower, TikTok has been downloaded around 2 billion times around the globe, with India accounting for over 600 million of those installations.

But TikTok hasn't been entirely in the clear either. The wildly popular short-form video platform has been accused of removing content that didn't align with the Chinese government's agenda, moderating posts by people who were ugly or poor, and at times even shadow-banning some users without notification.

For Instagram Reels or a random Indian TikTok clone to replace TikTok in India, it's going to be an uphill task. But it's not entirely impossible either. The longer TikTok stays offline in India, the better it is for the clones. As for now, grab some popcorn and watch the TikTok clones woo new audiences in India.

Why do Indians love Xiaomi TVs so much? We discussed this on Orbital, our weekly technology podcast, which you can subscribe to via Apple Podcasts, Google Podcasts, or RSS, download the episode, or just hit the play button below.

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Instagram Reels Is Now Available in India, but Can It Replace TikTok? - Gadgets 360

Section 230 is Essential and Broadly Misunderstood, Say Panelists at Broadband Breakfast Live Online Event – BroadbandBreakfast.com

July 8, 2020 Despite the hate that big tech companies receive, social media platforms are essential in enabling online speech at the level seen today, with the help of Section 230, said Cathy Gellis, an attorney who specializes in internet intermediary law.

Gellis made her remarks at the second event in a Broadband Breakfast Live Online series examining facts and fictions about Section 230, sponsored by the Computer & Communications Industry Association.

If people had to be afraid of what you expressed, then they would have to jump in and possibly not let you express it, she said. So if were going to have this ideal that people can speak freely, we need to protect the people who enable this expression, or else itll be death by duck nibbles and well get sued out of existence.

TechFreedom Senior Fellow Berin Szka compared Section 230 to anti-SLAPP laws, which aim to prevent people from using the court system to intimidate others who are exercising their First Amendment rights. The acronym stands for Strategic Lawsuit Against Public Participation.

Although the speech in question is already protected by the First Amendment, Szka explained, anti-SLAPP laws and Section 230 both curb the threat of costly litigation and criminal prosecution.

Szka also emphasized the limitations of Section 230s protection pointing out that it only protects interactive computer service providers from content that they are not responsible for creating, even in part.

If youre Backpage.com, and you hire a company to draft sex trafficking ads, youre not protected by Section 230, he explained. If youre Roommates.com, and you solicit racially discriminatory preferences for housing, youre not protected by Section 230. If youre Twitter, and you add your own content next to someone elses content like labels on the Presidents tweets those arent protected by Section 230.

Section 230 plays a major role in explaining why social media companies have flourished almost exclusively within the United States, Szka said.

Certain other countries instead use the innocent dissemination defense, which protects platforms only if they are entirely unaware of the content in question.

Thats exactly what Congress was trying to avoid [by creating Section 230], because if thats the only safe harbor you have from liability, you have a perverse incentive not to monitor your service and not to try to moderate content to protect users from harmful content, Szka said.

Screenshot of Broadband Breakfast Live Online panelists

Tech journalist Rob Pegoraro pointed out the irony in so-called conservatives calling for increased government regulation of private companies.

[Theyve] decided its worthwhile to say, Look at how unfair Twitter and Facebook are, theyre censoring us, theyre shadow banning, he said. Its just crazy when you look at how well President Trump has used Facebook and Twitter as platforms.

One of the most common misconceptions about Section 230, according to Pegoraro, is that it requires platforms to be politically neutral.

There is no way you get that from a reading of the law, he said. But I have seen politicians [like] Senator Josh Hawley of Missouri, who has a degree from Yale I hear theyre pretty good at teaching law who has said you must be politically neutral or you dont get these protections, which is bananas.

In addition, bad faith behavior is hard to define, Pegoraro said. While many have claimed that social media platforms discriminate against Republicans, Pegoraro said he saw no evidence of that.

On the other side of the aisle, it could be the issue that Facebook says it doesnt want to be an arbiter of truth, but in fact, it is quite happy to kick people off of Facebook if they happen to be activists in Tunisia or Palestine, which I think is a legit complaint, he said.

Democratic Presidential Nominee Joe Biden has previously expressed support for the repeal of Section 230, citing the rampant spread of potentially dangerous misinformation online.

The way in which blatant falsehood is spreading on the internet is a real problem, Szka said. But I have yet to see a legal solution to that problem, because at the end of the day, these services, whatever their role is in moderating content, theyre not courts, theyre not grand juries, they dont have the capacity to investigate.

Forcing them by law to make decisions about taking down certain content or certain users not only raises obvious First Amendment problems, but is hopelessly impossible, he added.

Gellis described Section 230 as being all carrot, no stick, arguing that this was important in order to empower companies to balance leaving the most good stuff up and taking the most bad stuff down.

In spite of the laws essential role, she said, politicians have begun pointing to it as a scapegoat for all online problems, when they should instead be focusing on creating more support for the regulatory ecosystem as a whole.

The problem is [that Section 230 is] kind of the only good law we really have in the internet world, she said.

Szka pointed out that much of the controversy over Section 230 is relatively recent.

2016 is probably the tipping point [of] when it went from being pretty clear among anybody who was in internet policy that we just wouldnt have the user centric internet without Section 230 to Section 230 becoming the political football that it is today, he said.

Broadband Breakfasts series on Section 230 will conclude next Wednesday with a discussion on public input on platform algorithms, considering the role of transparency and feedback in information technology.

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Section 230 is Essential and Broadly Misunderstood, Say Panelists at Broadband Breakfast Live Online Event - BroadbandBreakfast.com

Censorship – Wikipedia

The practice of suppressing information

Censorship is the suppression of speech, public communication, or other information, on the basis that such material is considered objectionable, harmful, sensitive, or "inconvenient."[2][3][4] Censorship can be conducted by governments,[5] private institutions, and other controlling bodies.

Governments[5] and private organizations may engage in censorship. Other groups or institutions may propose and petition for censorship.[6] When an individual such as an author or other creator engages in censorship of their own works or speech, it is referred to as self-censorship. General censorship occurs in a variety of different media, including speech, books, music, films, and other arts, the press, radio, television, and the Internet for a variety of claimed reasons including national security, to control obscenity, child pornography, and hate speech, to protect children or other vulnerable groups, to promote or restrict political or religious views, and to prevent slander and libel.

Direct censorship may or may not be legal, depending on the type, location, and content. Many countries provide strong protections against censorship by law, but none of these protections are absolute and frequently a claim of necessity to balance conflicting rights is made, in order to determine what could and could not be censored. There are no laws against self-censorship.

In 399 BC, Greek philosopher, Socrates, while defying attempts by the Greek state to censor his philosophical teachings, was accused of collateral charges related to the corruption of Athenian youth and sentenced to death by drinking a poison, hemlock.

The details of Socrates's conviction are recorded by Plato as follows. In 399BC, Socrates went on trial[9] and was subsequently found guilty of both corrupting the minds of the youth of Athens and of impiety (asebeia,[10] "not believing in the gods of the state"),[11] and as a punishment sentenced to death, caused by the drinking of a mixture containing hemlock.[12][13][14][15]

Socrates' student, Plato, is said to have advocated censorship in his essay on The Republic, which opposed the existence of democracy. In contrast to Plato, Greek playwright Euripides (480406BC) defended the true liberty of freeborn men, including the right to speak freely. In 1766, Sweden became the first country to abolish censorship by law.[16]

Censorship has been criticized throughout history for being unfair and hindering progress. In a 1997 essay on Internet censorship, social commentator Michael Landier claims that censorship is counterproductive as it prevents the censored topic from being discussed. Landier expands his argument by claiming that those who impose censorship must consider what they censor to be true, as individuals believing themselves to be correct would welcome the opportunity to disprove those with opposing views.[17]

Censorship is often used to impose moral values on society, as in the censorship of material considered obscene. English novelist E. M. Forster was a staunch opponent of censoring material on the grounds that it was obscene or immoral, raising the issue of moral subjectivity and the constant changing of moral values. When the novel Lady Chatterley's Lover was put on trial in 1960, Forster wrote:[18]

Lady Chatterley's Lover is a literary work of importance...I do not think that it could be held obscene, but am in a difficulty here, for the reason that I have never been able to follow the legal definition of obscenity. The law tells me that obscenity may deprave and corrupt, but as far as I know, it offers no definition of depravity or corruption.

Proponents have sought to justify it using different rationales for various types of information censored:

In wartime, explicit censorship is carried out with the intent of preventing the release of information that might be useful to an enemy. Typically it involves keeping times or locations secret, or delaying the release of information (e.g., an operational objective) until it is of no possible use to enemy forces. The moral issues here are often seen as somewhat different, as the proponents of this form of censorship argues that release of tactical information usually presents a greater risk of casualties among one's own forces and could possibly lead to loss of the overall conflict.

During World War I letters written by British soldiers would have to go through censorship. This consisted of officers going through letters with a black marker and crossing out anything which might compromise operational secrecy before the letter was sent.[24] The World War II catchphrase "Loose lips sink ships" was used as a common justification to exercise official wartime censorship and encourage individual restraint when sharing potentially sensitive information.

An example of "sanitization" policies comes from the USSR under Joseph Stalin, where publicly used photographs were often altered to remove people whom Stalin had condemned to execution. Though past photographs may have been remembered or kept, this deliberate and systematic alteration to all of history in the public mind is seen as one of the central themes of Stalinism and totalitarianism.

Censorship is occasionally carried out to aid authorities or to protect an individual, as with some kidnappings when attention and media coverage of the victim can sometimes be seen as unhelpful.[25][26]

Censorship by religion is a form of censorship where freedom of expression is controlled or limited using religious authority or on the basis of the teachings of the religion.[27] This form of censorship has a long history and is practiced in many societies and by many religions. Examples include the Galileo affair, Edict of Compigne, the Index Librorum Prohibitorum (list of prohibited books) and the condemnation of Salman Rushdie's novel The Satanic Verses by Iranian leader Ayatollah Ruhollah Khomeini. Images of the Islamic figure Muhammad are also regularly censored. In some secular countries, this is sometimes done to prevent hurting religious sentiments.[28]

The content of school textbooks is often an issue of debate, since their target audience is young people. The term whitewashing is commonly used to refer to revisionism aimed at glossing over difficult or questionable historical events, or a biased presentation thereof. The reporting of military atrocities in history is extremely controversial, as in the case of The Holocaust (or Holocaust denial), Bombing of Dresden, the Nanking Massacre as found with Japanese history textbook controversies, the Armenian Genocide, the Tiananmen Square protests of 1989, and the Winter Soldier Investigation of the Vietnam War.

In the context of secondary school education, the way facts and history are presented greatly influences the interpretation of contemporary thought, opinion and socialization. One argument for censoring the type of information disseminated is based on the inappropriate quality of such material for the younger public. The use of the "inappropriate" distinction is in itself controversial, as it changed heavily. A Ballantine Books version of the book Fahrenheit 451 which is the version used by most school classes[29] contained approximately 75 separate edits, omissions, and changes from the original Bradbury manuscript.

In February 2006, a National Geographic cover was censored by the Nashravaran Journalistic Institute. The offending cover was about the subject of love and a picture of an embracing couple was hidden beneath a white sticker.[30][30]

Economic induced censorship, is a type of censorship enacted by economic markets, to favor, and disregard types of information. Economic induced censorship, is also caused, by market forces which privatize and establish commodification of certain information that is not accessible by the general public, primarily because of the cost associated with commodified information such as academic journals, industry reports and pay to use repositories.[31]

The concept was illustrated as a censorship pyramid[32] that was conceptualized by primarily Julian Assange, along with Andy Mller-Maguhn, Jacob Appelbaum and Jrmie Zimmermann, in the Cypherpunks (book).

Self-censorship is the act of censoring or classifying one's own discourse. This is done out of fear of, or deference to, the sensibilities or preferences (actual or perceived) of others and without overt pressure from any specific party or institution of authority. Self-censorship is often practiced by film producers, film directors, publishers, news anchors, journalists, musicians, and other kinds of authors including individuals who use social media.[34]

According to a Pew Research Center and the Columbia Journalism Review survey, "About one-quarter of the local and national journalists say they have purposely avoided newsworthy stories, while nearly as many acknowledge they have softened the tone of stories to benefit the interests of their news organizations. Fully four-in-ten (41%) admit they have engaged in either or both of these practices."[35]

Threats to media freedom have shown a significant increase in Europe in recent years, according to a study published in April 2017 by the Council of Europe.This results in a fear of physical or psychological violence, and the ultimate result is self-censorship by journalists.[36]

Copy approval is the right to read and amend an article, usually an interview, before publication. Many publications refuse to give copy approval but it is increasingly becoming common practice when dealing with publicity anxious celebrities.[37] Picture approval is the right given to an individual to choose which photos will be published and which will not. Robert Redford is well known for insisting upon picture approval.[38] Writer approval is when writers are chosen based on whether they will write flattering articles or not. Hollywood publicist Pat Kingsley is known for banning certain writers who wrote undesirably about one of her clients from interviewing any of her other clients.[citation needed]

Flooding the public, often through online social networks, with false or misleading information is sometimes called "reverse censorship." American legal scholar Tim Wu has explained that this type of information control, sometimes by state actors, can "distort or drown out disfavored speech through the creation and dissemination of fake news, the payment of fake commentators, and the deployment of propaganda robots."[39]

Book censorship can be enacted at the national or sub-national level, and can carry legal penalties for their infraction. Books may also be challenged at a local, community level. As a result, books can be removed from schools or libraries, although these bans do not extend outside of that area.

Aside from the usual justifications of pornography and obscenity, some films are censored due to changing racial attitudes or political correctness in order to avoid ethnic stereotyping and/or ethnic offense despite its historical or artistic value. One example is the still withdrawn "Censored Eleven" series of animated cartoons, which may have been innocent then, but are "incorrect" now.[citation needed]

Film censorship is carried out by various countries to differing degrees. For example, only 34 foreign films a year are approved for official distribution in China's strictly controlled film market.[40]

Music censorship has been implemented by states, religions, educational systems, families, retailers and lobbying groups and in most cases they violate international conventions of human rights.[41]

Censorship of maps is often employed for military purposes. For example, the technique was used in former East Germany, especially for the areas near the border to West Germany in order to make attempts of defection more difficult. Censorship of maps is also applied by Google Maps, where certain areas are grayed out or blacked or areas are purposely left outdated with old imagery.[42]

Art is loved and feared because of its evocative power. Destroying or oppressing art can potentially justify its meaning even more.[43]

British photographer and visual artist Graham Ovenden's photos and paintings were ordered to be destroyed by a London's magistrate court in 2015 for being "indecent"[44] and their copies had been removed from the online Tate gallery.[45]

A 1980 Israeli law forbade banned artwork composed of the four colours of the Palestinian flag,[46] and Palestinians were arrested for displaying such artwork or even for carrying sliced melons with the same pattern.[47][48][49]

Moath al-Alwi is a Guantanamo Bay Prisoner who creates model ships as an expression of art. Alwi does so with the few tools he has at his disposal such as floss and shampoo bottles, and he is also allowed to use a small pair of scissors with rounded edges. A few of Alwi's pieces are on display at John Jay College of Criminal Justice in New York. There are also other artworks on display at the College that were created by other inmates. The artwork that is being displayed might be the only way for some of the inmates to communicate with the outside. Recently things have changed though. The military has come up with a new policy that won't allow the artwork at Guantanamo Bay Military Prison to leave the prison. The art work created by Alwi and other prisoners is now government property and can be destroyed by them or disposed in whatever way they choose, making it no longer the artist's property. [50]

Around 300 artists in Cuba are fighting for their artistic freedom due to new censorship rules Cuba's government has in place for artists. Recently, Tania Bruguera, a musician was detained upon arriving to Havana and released after four days because of these new censorships restrains Cuba has on artists there.[51]

An example of extreme state censorship was the Nazis requirements of using art as propaganda. Art was only allowed to be used as a political instrument to control people and failure to act in accordance with the censors was punishable by law, even fatal. The Degenerate Art Exhibition is a historical instance that's goal was to advertise Nazi values and slander others.[52]

Internet censorship is control or suppression of the publishing or accessing of information on the Internet. It may be carried out by governments or by private organizations either at the behest of government or on their own initiative. Individuals and organizations may engage in self-censorship on their own or due to intimidation and fear.

The issues associated with Internet censorship are similar to those for offline censorship of more traditional media. One difference is that national borders are more permeable online: residents of a country that bans certain information can find it on websites hosted outside the country. Thus censors must work to prevent access to information even though they lack physical or legal control over the websites themselves. This in turn requires the use of technical censorship methods that are unique to the Internet, such as site blocking and content filtering.[58]

Furthermore, the Domain Name System (DNS) a critical component of the Internet is dominated by centralized and few entities. The most widely used DNS root is administered by the Internet Corporation for Assigned Names and Numbers (ICANN).[59][60] As an administrator they have rights to shut down and seize domain names when they deem necessary to do so and at most times the direction is from governments. This has been the case with Wikileaks shutdowns[61] and name seizure events such as the ones executed by the National Intellectual Property Rights Coordination Center (IPR Center) managed by the Homeland Security Investigations (HSI).[62] This makes it easy for internet censorship by authorities as they have control over what should or should not be on the Internet. Some activists and researchers have started opting for alternative DNS roots, though the Internet Architecture Board[63] (IAB) does not support these DNS root providers.

Unless the censor has total control over all Internet-connected computers, such as in North Korea or Cuba, total censorship of information is very difficult or impossible to achieve due to the underlying distributed technology of the Internet. Pseudonymity and data havens (such as Freenet) protect free speech using technologies that guarantee material cannot be removed and prevents the identification of authors. Technologically savvy users can often find ways to access blocked content. Nevertheless, blocking remains an effective means of limiting access to sensitive information for most users when censors, such as those in China, are able to devote significant resources to building and maintaining a comprehensive censorship system.[58]

Views about the feasibility and effectiveness of Internet censorship have evolved in parallel with the development of the Internet and censorship technologies:

A BBC World Service poll of 27,973 adults in 26 countries, including 14,306 Internet users,[67] was conducted between 30 November 2009 and 7 February 2010. The head of the polling organization felt, overall, that the poll showed that:

The poll found that nearly four in five (78%) Internet users felt that the Internet had brought them greater freedom, that most Internet users (53%) felt that "the internet should never be regulated by any level of government anywhere", and almost four in five Internet users and non-users around the world felt that access to the Internet was a fundamental right (50% strongly agreed, 29% somewhat agreed, 9% somewhat disagreed, 6% strongly disagreed, and 6% gave no opinion).[69]

The rising usages of social media in many nations has led to the emergence of citizens organizing protests through social media, sometimes called "Twitter Revolutions". The most notable of these social media led protests were parts Arab Spring uprisings, starting in 2010. In response to the use of social media in these protests, the Tunisian government began a hack of Tunisian citizens' Facebook accounts, and reports arose of accounts being deleted.[70]

Automated systems can be used to censor social media posts, and therefore limit what citizens can say online. This most notably occurs in China, where social media posts are automatically censored depending on content. In 2013, Harvard political science professor Gary King led a study to determine what caused social media posts to be censored and found that posts mentioning the government were not more or less likely to be deleted if they were supportive or critical of the government. Posts mentioning collective action were more likely to be deleted than those that had not mentioned collective action.[71] Currently, social media censorship appears primarily as a way to restrict Internet users' ability to organize protests. For the Chinese government, seeing citizens unhappy with local governance is beneficial as state and national leaders can replace unpopular officials. King and his researchers were able to predict when certain officials would be removed based on the number of unfavorable social media posts.[72]

Research has proved that criticism is tolerable on social media sites, therefore it is not censored unless it has a higher chance of collective action. It isn't important whether the criticism is supportive or unsupportive of the states' leaders, the main priority of censoring certain social media posts is to make sure that no big actions are being made due to something that was said on the internet. Posts that challenge the Party's political leading role in the Chinese government are more likely to be censored due to the challenges it poses to the Chinese Communist Party.[73]

Since the early 1980s, advocates of video games have emphasized their use as an expressive medium, arguing for their protection under the laws governing freedom of speech and also as an educational tool. Detractors argue that video games are harmful and therefore should be subject to legislative oversight and restrictions. Many video games have certain elements removed or edited due to regional rating standards.[74][75]For example, in the Japanese and PAL Versions of No More Heroes, blood splatter and gore is removed from the gameplay. Decapitation scenes are implied, but not shown. Scenes of missing body parts after having been cut off, are replaced with the same scene, but showing the body parts fully intact.[76]

Surveillance and censorship are different. Surveillance can be performed without censorship, but it is harder to engage in censorship without some form of surveillance.[77] Even when surveillance does not lead directly to censorship, the widespread knowledge or belief that a person, their computer, or their use of the Internet is under surveillance can have a "chilling effect" and lead to self-censorship.[78]

The former Soviet Union maintained a particularly extensive program of state-imposed censorship. The main organ for official censorship in the Soviet Union was the Chief Agency for Protection of Military and State Secrets generally known as the Glavlit, its Russian acronym. The Glavlit handled censorship matters arising from domestic writings of just about any kind even beer and vodka labels. Glavlit censorship personnel were present in every large Soviet publishing house or newspaper; the agency employed some 70,000 censors to review information before it was disseminated by publishing houses, editorial offices, and broadcasting studios. No mass medium escaped Glavlit's control. All press agencies and radio and television stations had Glavlit representatives on their editorial staffs.[79]

Sometimes, public knowledge of the existence of a specific document is subtly suppressed, a situation resembling censorship. The authorities taking such action will justify it by declaring the work to be "subversive" or "inconvenient". An example is Michel Foucault's 1978 text Sexual Morality and the Law (later republished as The Danger of Child Sexuality), originally published as La loi de la pudeur [literally, "the law of decency"]. This work defends the decriminalization of statutory rape and the abolition of age of consent laws.[citation needed]

When a publisher comes under pressure to suppress a book, but has already entered into a contract with the author, they will sometimes effectively censor the book by deliberately ordering a small print run and making minimal, if any, attempts to publicize it. This practice became known in the early 2000s as privishing (private publishing).[80]

Censorship by country collects information on censorship, internet censorship, press freedom, freedom of speech, and human rights by country and presents it in a sortable table, together with links to articles with more information. In addition to countries, the table includes information on former countries, disputed countries, political sub-units within countries, and regional organizations.

Cuban media used to be operated under the supervision of the Communist Party's Department of Revolutionary Orientation, which "develops and coordinates propaganda strategies".[81] Connection to the Internet is restricted and censored.[82]

The People's Republic of China employs sophisticated censorship mechanisms, referred to as the Golden Shield Project, to monitor the internet. Popular search engines such as Baidu also remove politically sensitive search results.[83][84][85]

Strict censorship existed in the Eastern Bloc.[86] Throughout the bloc, the various ministries of culture held a tight rein on their writers.[87] Cultural products there reflected the propaganda needs of the state.[87] Party-approved censors exercised strict control in the early years.[88] In the Stalinist period, even the weather forecasts were changed if they suggested that the sun might not shine on May Day.[88] Under Nicolae Ceauescu in Romania, weather reports were doctored so that the temperatures were not seen to rise above or fall below the levels which dictated that work must stop.[88]

Possession and use of copying machines was tightly controlled in order to hinder production and distribution of samizdat, illegal self-published books and magazines. Possession of even a single samizdat manuscript such as a book by Andrei Sinyavsky was a serious crime which might involve a visit from the KGB. Another outlet for works which did not find favor with the authorities was publishing abroad.

Amid declining car sales in 2020, France banned a television ad by a Dutch bike company, saying the ad "unfairly discredited the automobile industry".[89]

The Constitution of India guarantees freedom of expression, but places certain restrictions on content, with a view towards maintaining communal and religious harmony, given the history of communal tension in the nation.[90] According to the Information Technology Rules 2011, objectionable content includes anything that "threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states or public order".[91]

Iraq under Baathist Saddam Hussein had much the same techniques of press censorship as did Romania under Nicolae Ceauescu but with greater potential violence.[92]

Under subsection 48(3) and (4) of the Penang Islamic Religious Administration Enactment 2004, non-Muslims in Malaysia are penalized for using the following words, or to write or publish them, in any form, version or translation in any language or for use in any publicity material in any medium:"Allah", "Firman Allah", "Ulama", "Hadith", "Ibadah", "Kaabah", "Qadhi'", "Illahi", "Wahyu", "Mubaligh", "Syariah", "Qiblat", "Haji", "Mufti", "Rasul", "Iman", "Dakwah", "Wali", "Fatwa", "Imam", "Nabi", "Sheikh", "Khutbah", "Tabligh", "Akhirat", "Azan", "Al Quran", "As Sunnah", "Auliya'", "Karamah", "False Moon God", "Syahadah", "Baitullah", "Musolla", "Zakat Fitrah", "Hajjah", "Taqwa" and "Soleh".[93][94][95]

According to Christian Mihr, executive director of Reporters Without Borders, "censorship in Serbia is neither direct nor transparent, but is easy to prove." [96] According to Mihr there are numerous examples of censorship and self-censorship in Serbia [97] According to Mihr, Serbian prime minister Aleksandar Vui has proved "very sensitive to criticism, even on critical questions," as was the case with Natalija Miletic, correspondent for Deutsche Welle Radio, who questioned him in Berlin about the media situation in Serbia and about allegations that some ministers in the Serbian government had plagiarized their diplomas, and who later received threats and offensive articles on the Serbian press.[97]

Multiple news outlets have accused Vui of anti-democratic strongman tendencies.[98][99][100][101][102] In July 2014, journalists associations were concerned about the freedom of the media in Serbia, in which Vui came under criticism.[103][104]

In September 2015 five members of United States Congress (Edie Bernice Johnson, Carlos Curbelo, Scott Perry, Adam Kinzinger, and Zoe Lofgren) have informed Vice President of the United States Joseph Biden that Aleksandar's brother, Andrej Vui, is leading a group responsible for deteriorating media freedom in Serbia.[105]

In the Republic of Singapore, Section 33 of the Films Act originally banned the making, distribution and exhibition of "party political films", at pain of a fine not exceeding $100,000 or to imprisonment for a term not exceeding 2 years. The Act further defines a "party political film" as any film or video

In 2001, the short documentary called A Vision of Persistence on opposition politician J. B. Jeyaretnam was also banned for being a "party political film". The makers of the documentary, all lecturers at the Ngee Ann Polytechnic, later submitted written apologies and withdrew the documentary from being screened at the 2001 Singapore International Film Festival in April, having been told they could be charged in court. Another short documentary called Singapore Rebel by Martyn See, which documented Singapore Democratic Party leader Dr Chee Soon Juan's acts of civil disobedience, was banned from the 2005 Singapore International Film Festival on the same grounds and See is being investigated for possible violations of the Films Act.

This law, however, is often disregarded when such political films are made supporting the ruling People's Action Party (PAP). Channel NewsAsia's five-part documentary series on Singapore's PAP ministers in 2005, for example, was not considered a party political film.

Exceptions are also made when political films are made concerning political parties of other nations. Films such as Michael Moore's Fahrenheit 911 are thus allowed to screen regardless of the law.

Since March 2009, the Films Act has been amended to allow party political films as long as they were deemed factual and objective by a consultative committee. Some months later, this committee lifted the ban on Singapore Rebel.

Independent journalism did not exist in the Soviet Union until Mikhail Gorbachev became its leader; all reporting was directed by the Communist Party or related organizations. Pravda, the predominant newspaper in the Soviet Union, had a monopoly. Foreign newspapers were available only if they were published by communist parties sympathetic to the Soviet Union.

Online access to all language versions of Wikipedia was blocked in Turkey on 29 April 2017 by Erdoan's government.[106]

In the United States, censorship occurs through books, film festivals, politics, and public schools.[107] See banned books for more information. Additionally, critics of campaign finance reform in the United States say this reform imposes widespread restrictions on political speech.[108][109]

Censorship also takes place in capitalist nations, such as Uruguay. In 1973, a military coup took power in Uruguay, and the State practiced censorship. For example, writer Eduardo Galeano was imprisoned and later was forced to flee. His book Open Veins of Latin America was banned by the right-wing military government, not only in Uruguay, but also in Chile and Argentina.[110]

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Censorship - Wikipedia

What Is Censorship? | American Civil Liberties Union

Censorship, the suppression of words, images, or ideas that are "offensive," happens whenever some people succeed in imposing their personal political or moral values on others. Censorship can be carried out by the government as well as private pressure groups. Censorship by the government is unconstitutional.

In contrast, when private individuals or groups organize boycotts against stores that sell magazines of which they disapprove, their actions are protected by the First Amendment, although they can become dangerous in the extreme. Private pressure groups, not the government, promulgated and enforced the infamous Hollywood blacklists during the McCarthy period. But these private censorship campaigns are best countered by groups and individuals speaking out and organizing in defense of the threatened expression.

American society has always been deeply ambivalent about these questions. On the one hand, our history is filled with examples of overt government censorship, from the 1873 Comstock Law to the 1996 Communications Decency Act. On the other hand, the commitment to freedom of imagination and expression is deeply embedded in our national psyche, buttressed by the First Amendment, and supported by a long line of Supreme Court decisions.

The Supreme Court has interpreted the First Amendment's protection of artistic expression very broadly. It extends not only to books, theatrical works and paintings, but also to posters, television, music videos and comic books -- whatever the human creative impulse produces.

Two fundamental principles come into play whenever a court must decide a case involving freedom of expression. The first is "content neutrality"-- the government cannot limit expression just because any listener, or even the majority of a community, is offended by its content. In the context of art and entertainment, this means tolerating some works that we might find offensive, insulting, outrageous -- or just plain bad.

The second principle is that expression may be restricted only if it will clearly cause direct and imminent harm to an important societal interest. The classic example is falsely shouting fire in a crowded theater and causing a stampede. Even then, the speech may be silenced or punished only if there is no other way to avert the harm.

SEXSEXUAL SPEECHSex in art and entertainment is the most frequent target of censorship crusades. Many examples come to mind. A painting of the classical statue of Venus de Milo was removed from a store because the managers of the shopping mall found its semi-nudity "too shocking." Hundreds of works of literature, from Maya Angelou's I Know Why the Caged Bird Sings to John Steinbeck's Grapes of Wrath, have been banned from public schools based on their sexual content.

A museum director was charged with a crime for including sexually explicit photographs by Robert Mapplethorpe in an art exhibit.

American law is, on the whole, the most speech-protective in the world -- but sexual expression is treated as a second-class citizen. No causal link between exposure to sexually explicit material and anti-social or violent behavior has ever been scientifically established, in spite of many efforts to do so. Rather, the Supreme Court has allowed censorship of sexual speech on moral grounds -- a remnant of our nation's Puritan heritage.

This does not mean that all sexual expression can be censored, however. Only a narrow range of "obscene" material can be suppressed; a term like "pornography" has no legal meaning . Nevertheless, even the relatively narrow obscenity exception serves as a vehicle for abuse by government authorities as well as pressure groups who want to impose their personal moral views on other people.

PORNOGRAPHIC! INDECENT! OBSCENE!Justice John Marshall Harlan's line, "one man's vulgarity is another's lyric," sums up the impossibility of developing a definition of obscenity that isn't hopelessly vague and subjective. And Justice Potter Stewart's famous assurance, "I know it when I see it," is of small comfort to artists, writers, movie directors and lyricists who must navigate the murky waters of obscenity law trying to figure out what police, prosecutors, judges and juries will think.

The Supreme Court's current definition of constitutionally unprotected Obscenity, first announced in a 1973 case called Miller v. California, has three requirements. The work must 1) appeal to the average person's prurient (shameful, morbid) interest in sex; 2) depict sexual conduct in a "patently offensive way" as defined by community standards; and 3) taken as a whole, lack serious literary, artistic, political, or scientific value.

The Supreme Court has held that Indecent expression -- in contrast with "obscenity" -- is entitled to some constitutional protection, but that indecency in some media (broadcasting, cable, and telephone) may be regulated. In its 1978 decision in Federal Communications Commission v. Pacifica, the Court ruled that the government could require radio and television stations to air "indecent" material only during those hours when children would be unlikely listeners or viewers. Broadcast indecency was defined as: "language that describes, in terms patently offensive as measured by contemporary community standards for the broadcast medium, sexual or excretory activities or organs." This vague concept continues to baffle both the public and the courts.

PORNOGRAPHY is not a legal term at all. Its dictionary definition is "writing or pictures intended to arouse sexual desire." Pornography comes in as many varieties as the human sexual impulse and is protected by the First Amendment unless it meets the definition for illegal obscenity.

VIOLENCEIS MEDIA VIOLENCE A THREAT TO SOCIETY?Today's calls for censorship are not motivated solely by morality and taste, but also by the widespread belief that exposure to images of violence causes people to act in destructive ways. Pro-censorship forces, including many politicians, often cite a multitude of "scientific studies" that allegedly prove fictional violence leads to real-life violence.

There is, in fact, virtually no evidence that fictional violence causes otherwise stable people to become violent. And if we suppressed material based on the actions of unstable people, no work of fiction or art would be safe from censorship. Serial killer Theodore Bundy collected cheerleading magazines. And the work most often cited by psychopaths as justification for their acts of violence is the Bible.

But what about the rest of us? Does exposure to media violence actually lead to criminal or anti-social conduct by otherwise stable people, including children, who spend an average of 28 hours watching television each week? These are important questions. If there really were a clear cause-and-effect relationship between what normal children see on TV and harmful actions, then limits on such expression might arguably be warranted.

WHAT THE STUDIES SHOWStudies on the relationship between media violence and real violence are the subject of considerable debate. Children have been shown TV programs with violent episodes in a laboratory setting and then tested for "aggressive" behavior. Some of these studies suggest that watching TV violence may temporarily induce "object aggression" in some children (such as popping balloons or hitting dolls or playing sports more aggressively) but not actual criminal violence against another person.

CORRELATIONAL STUDIES that seek to explain why some aggressive people have a history of watching a lot of violent TV suffer from the chicken-and-egg dilemma: does violent TV cause such people to behave aggressively, or do aggressive people simply prefer more violent entertainment? There is no definitive answer. But all scientists agree that statistical correlations between two phenomena do not mean that one causes the other.

INTERNATIONAL COMPARISONS are no more helpful. Japanese TV and movies are famous for their extreme, graphic violence, but Japan has a very low crime rate -- much lower than many societies in which television watching is relatively rare. What the sudies reveal on the issue of fictional violence and real world aggression is -- not much.

The only clear assertion that can be made is that the relationship between art and human behavior is a very complex one. Violent and sexually explicit art and entertainment have been a staple of human cultures from time immemorial. Many human behavioralists believe that these themes have a useful and constructive societal role, serving as a vicarious outlet for individual aggression.

WHERE DO THE EXPERTS AGREE?Whatever influence fictional violence has on behavior, most expert believe its effects are marginal compared to other factors. Even small children know the difference between fiction and reality, and their attitudes and behavior are shaped more by their life circumstances than by the books they read or the TV they watch. In 1972, the U.S. Surgeon General's Advisory Committee on Television and Social Behavior released a 200-page report, "Television and Growing Up: The Impact of Televised Violence," which concluded, "The effect [of television] is small compared with many other possible causes, such as parental attitudes or knowledge of and experience with the real violence of our society." Twenty-one years later, the American Psychological Association published its 1993 report, "Violence & Youth," and concluded, "The greatest predictor of future violent behavior is a previous history of violence." In 1995, the Center for Communication Policy at UCLA, which monitors TV violence, came to a similar conclusion in its yearly report: "It is known that television does not have a simple, direct stimulus-response effect on its audiences."

Blaming the media does not get us very far, and, to the extent that diverts the public's attention from the real causes of violence in society, it may do more harm than good.

WHICH MEDIA VIOLENCE WOULD YOU BAN?A pro-censorship member of Congress once attacked the following shows for being too violent: The Miracle Worker, Civil War Journal, Star Trek 9, The Untouchables, and Teenage Mutant Ninja Turtles. What would be left if all these kinds of programs were purged from the airwaves? Is there good violence and bad violence? If so, who decides? Sports and the news are at least as violent as fiction, from the fights that erupt during every televised hockey game, to the videotaped beating of Rodney King by the LA Police Department, shown over and over gain on prime time TV. If we accept censorship of violence in the media, we will have to censor sports and news programs.

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What Is Censorship? | American Civil Liberties Union