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I ( HEM INFO
| math PHYS
ACCT ECON
FINC
MKTG
MGMT
AIT.
CLASSES
All.
CLASSES
News
Page 8B
THE BATTALION
hursday, November 15.3
Court struggling
with online smut
Protecting children main concern
WASHINGTON (AP) — The
Supreme Court, struggling
Wednesday to find a balance
between protecting children from
online smut and preserving free
speech, questioned whether a
sweeping national standard could
rule the unruly Internet.
There can be no objective
nationwide standard to judge what
is damaging for youngsters but
might have artistic, educational or
other value for adults, said
American Civil Liberties Union
lawyer Ann Beeson.
*‘A national standard would be
an exercise in futility,” she said.
The court is expected to rule
next year on the Child Online
Protection Act, Congress’ latest
attempt to shield children from
sexually explicit pictures and
other material readily available to
anyone with a computer. The
court struck down an earlier ver
sion of the legislation as an
unconstitutional limit on free
speech.
At issue this time is whether it
is possible to wall off Internet con
tent deemed “harmful to minors”
by using what Congress called
“community standards" of what is
appropriate for youngsters and
teenagers to see.
The ACLU claims that commu
nity standards would end up mean
ing the standards of the most con
servative community in the coun
try, since the Internet spans all
communities, permissive, conser
vative and in-between.
The government claims that
community standards are work
able online, because reasonable
people generally agree about what
should be out of bounds.
Several justices seemed skepti
cal.
“Would it be possible for a
North Carolina jury ... to decide
whether (online material) would
offend the standards of Las Vegas
or New York City?” Justice
Antonin Scalia asked.
Justice Anthony M. Kennedy
asked whether a jury in California
should take into account the views
of an expert witness brought in
from New York.
“Jurors are allowed to draw
from their experience, which nec
essarily comes from the communi
ty in which they reside,” replied
Solicitor General Theodore Olson,
the government’s top Supreme
Court lawyer.
A federal appeals court in
Philadelphia barred enforcement
of the 1998 law because it said
online community standards is a
concept so broad and vague that it
is probably unconstitutional.
The law makes it a crime
knowingly to place objectionable
material within a child’s easy
reach on the Internet. Violation can
carry fines or six months in jail, a
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A miniature figure of captain LaSalle stands on the deck while naib:
archaeology research assistant and model ship builder Glen &*
attaches rigging to a 6 foot model of La Belle in the ship
Wednesday.