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Essay about Internet Pornography Censorship vs Free Speech

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The Internet is a worldwide network of computers and databases that has evolved rapidly in recent years. Tremendous amounts of information are transmitted and are fairly easy to obtain. Although in the past the information available was for the most part educational and business oriented, in recent years it has become much more diverse and questions have been raised as to the appropriateness of the content being viewed and consumed. Another issue is whether or not the government should take an active role in censoring it, especially when it comes to pornography, or cyberporn, as it is more commonly referred to when it is displayed on the Internet.
Should cyberporn be censored? If so, who is responsible, parents or the government? …show more content…

The Supreme Court views obscenity as completely outside the scope of the first amendment’s protection, and the Government may regulate speech freely as long as the Miller test is fulfilled (Simon 2).
Although many may consider pornography to be obscene, by this definition, there seems to be some ambiguity. Pornography is defined as: Writings, pictures, etc., intended primarily to arouse sexual desire.
Another question that needs to be asked is, does censorship of cyberporn violate the first amendment of the constitution? The first amendment states, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or of the right of the people to peaceably assemble, and to petition the Government for a redress of grievances” (Bill of Rights) The Supreme Court has consistently ruled that pornography and obscenity fall outside the first amendment. The Internet is akin to commercial network television, and government can constitutionally restrict T.V., so why not the Internet? Probably because adult conduct that includes sexually oriented conduct that has been considered by many to be immoral, has been protected by the First Amendment when it takes place in a private setting (Ford, Marrin, and Esposito 1).

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