FC: Why library filters do not violate the 1st Amendment, by K.Bass

[Declan McCullagh <declan () well com>]

[Ken Bass is a DC technology lawyer and former DoJ counsel for intelligence 
policy who represented Loudoun County 
(http://www.wired.com/news/politics/0,1283,16455,00.html) in its 
unsuccessful bid to install filtering software. He has also fought to 
overturn U.S. encryption export rules. --Declan]

**********

From: "Bass, Kenneth C., III" <kcbass () venable com>
To: "'declan () well com'" <declan () well com>
Cc: "'dburt () n2h2 com'" <dburt () n2h2 com>
Subject: RE: Americans overwhelmingly want Net-filters in schools
Date: Wed, 18 Oct 2000 12:11:54 -0400

Well, as some may have noticed, my traditional "liberal" views of the First 
Amendment do not lead me to  conclude that filters -- even when employed by 
government agencies -- violate the First Amendment.

As long as obscenity remains "forbidden fruit" and outside the scope of the 
First Amendment (something I doubt the USSCt will change in my lifetime) I 
continue to believe -- as well as litigate) that public institutions can 
take reasonable steps to prevent access to illegal materials.

With all the problems of filtering technology, it still seems to me the 
"people" have it right -- public funds need not be spent to facilitate 
access to prohibited speech.  Even the public access doctrine, IMHO, does 
not mandate a parade permit for an illegal assembly.

[puts on a fire-retardant suit and steps aside]

***********

> Date: Wed, 18 Oct 2000 12:24:18 -0400
> From: Chuck0 <chuck () tao ca>
> To: declan () well com
> CC: politech () politechbot com, dburt () n2h2 com
> Subject: Re: FC: Americans overwhelmingly want Net-filters in schools
>
> And what did the teenagers have to say on this? Ultimately, it is their
> free speech rights that are being infringed.
>
> Filters don't work, David, you know that.
>
> Chuck0
> www.infoshop.org

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> Date: Wed, 18 Oct 2000 09:24:43 -0700
> From: lizard <lizard () mrlizard com>
> To: declan () well com
> Subject: Re: FC: Americans overwhelmingly want Net-filters in schools
>
> > The overwhelming majority of Americans say schools should install filters
> > to block students from accessing pornography and hate speech, according to
> > a new national survey commissioned by the Digital Media Forum.
> >
> >
> Sure. And when someone invents such filters, we'll talk. Right now, this
> statement is euivalent to "The overwhelming majority of Americans want
> to have mind-blowing sex with the supermodel/movie star/stud of their
> choice whenever they want it, and eat double-bacon cheesburgers and
> never gain weight."

***********




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