Archived posting to the Leica Users Group, 1997/02/20

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Subject: Re: Newsgroup (was: Bye!)
From: "Brian Levy" <dlevy@worldy.com>
Date: Thu, 20 Feb 1997 11:37:53 +0000

Marc,

First Amendment is freedom of speech. Speech is considered by the 
Supreme Court in a more narrow sense than an all expansive 
'expression' which manny would like to think it means. It also 
protected newspapers so in a sense the First Amendment was protecting 
the avenue for the exchange of political thought and the right of 
political opposition to the establishment. This needs to be read with 
the right to bear arms which was for the purpose of a citizen militia 
in the event that a government became oppressive and the people 
needed a way of protecting themselves. You should remember that only 
a few years earlier, many of the framers created the Declaration of 
Independance which justified the violent overthrow of the government. 

A result of these amendments was the early application to allow any 
non commercial thought to be expressed verbally. The transmission of 
porn is not an opinion or thought in the context of the First 
Amendment and therefore is subject to another standard which is the 
community or social redeeming value standards which are controlled at 
the State levels. The transmission of these files from jurisdiction to 
jurisdiction do create legal problems which are new, but in time will 
be somewhat resolved as was the issue when television developed.

One problem the net presents is that a great part of its users are of 
tender age (minors) who in all States that I am aware or are 
prohibited from acquiring it. My 9 year old views many of the user 
groups that I do and has access to all of them.  I have disable the 
newsgroups from access since it was found early on that many of the 
groups, even those targeted for children were posting articles, 
binaries, solicitations and other things which I'm sure you witnessed 
being offer to your child in your home would invoke a rather violent 
response of call to the local legal authorities. For similar reasons 
the chat systems have also been deleted.  I am aware then the 
newsgroup can be picked up through a web browser, and it to has been 
disabled.

While not expressing a position of the rights to publish material on 
the web, I think that until some system is established which will 
permit auto deletion, blocking, or other control consistent with the 
laws, at least these groups should be responsible enough to not 
accept binaries. These photo groups are designed to help the hobby 
which includes to a great degree education. While most are adults, 
there are those who are not who can benefit from its education. 

I do understand it seems starange that this position is at odds with 
the underlying interest which is graphic communication, but that 
could be handled in other parts of the web and is.

I'm sorry for this long disertation, but there are many views to 
consider.

> The fears expressed on this forum for "porn" astound me.  What a bunch of
> panty-waisted blue-noses!  Let the First Amendment MEAN what it says.  Just
> because it offends you doesn't mean you have to read it!
> 
> If you don't want to read something, delete it.  If you are on a USENET
> group, the SPAM is easily spotted and ignored.
> 
> Check out the REC.PHOTO groups.  Lots of 'make money fast' postings, but no
> porn as of yesterday.
> 
> Marc
> 
> msmall@roanoke.infi.net  FAX:  +540/343-7315
> Cha robh bas fir gun ghras fir!
> 
Brian Levy, J.D.
Scarborough Ont.