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CL1

Articles Posted: 19  Links Seeded: 214
Member Since: 10/2008  Last Seen: 5/16/2012

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It's a "Right"---But Is It *right* to Allow Some, ..Not All ?

Wed Feb 1, 2012 5:42 PM EST
not-news, internet, constitution, pornography, public-library
By CL1
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I recently seeded an article about a mother that became angry that a man was openly viewing internet porn during late afternoon hours on a Sunday in the public library such that passersby could easily view what he was watching. She was there with her two young daughters that were in the children's section, so most likely they would not have encountered the public viewers where the pornographic content was openly seen.

We all know that it is a Constitutional right to allow pornographic content to be broadcast across the internet.  My question to all of you is why do we see this as a 'right' for the government, yet in private places, e.g. stores and theaters, there is an age restriction?  Is that a result of private 'discretion' to have those age restrictions, or is that a government regulation?  If it's a law or regulation for the private sector---isn't that government hypocrisy? 

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  • Groups: Anti Status Quo, DA's ON Newsvine, EthicsVine, Free Thinkers, It's the Law!, Seeders and Posters w/ Manners, The Great Fun House Debate
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  • Public Discussion (28)
CL1

We can't force the libraries to impose areas, hours or days for pornographic viewing, or even restrict age limits---yet why are there restrictions on the public sector... and more importantly, should there be?

  • 2 votes
Reply#1 - Wed Feb 1, 2012 5:45 PM EST
belle42

Simple answer is that the Constitution addresses government's right to abridge speech. There is no "private" First Amendment right -- case in point is when people erroneously think that Newsvine is abridging their First Amendment rights of free speech. Newsvine is a private enterprise, therefore it isn't bound by the First Amendment. It can say "no porn, no politics, no ***" and we as users have to abide by their rules. In a library though, it is a public institution, paid for by public money, therefore it is subject to First Amendment protections. Sucks, but that's life.

  • 4 votes
Reply#2 - Wed Feb 1, 2012 7:38 PM EST
CL1

Hi belle, thanks for commenting.

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 the right of the people peaceably to assemble, and to petition the government for a redress of grievances.

1) The government can't "abridge" those stated freedoms... yes. 2) We know that private business can make its own rules (or atleast try to..unless certain regulations apply to it).

However, my question was if those public venues that I mentioned with age restrictions (stores and theaters) are restricted by age requirements because that's what they want to do---or if that's what they are told to do by law?

I wasn't offering my opinion of what I thought 'should' be happening---rather, just questioning the private sector.

  • 1 vote
#2.1 - Wed Feb 1, 2012 7:52 PM EST
belle42

stores and theaters aren't public venues -- they are private businesses

and like I said, the individual stores, theaters, and other businesses can restrict to their heart's content

  • 4 votes
#2.2 - Wed Feb 1, 2012 7:56 PM EST
CL1

Ack!! I was in a hurry and mad a vocab error--sorry; I meant private as I had originally stated.

Yes, I also confirmed above that businesses can make many of their own regulations/rules, *but* my question is if the age restriction is a private regulation---or if there is a government regulation behind it. Is the age of 17 or 18 a state or Fed law?? Why would 'business' impose that age restriction when they could be making more revenue without it---as is usually the case---see what I mean?? In other words, do we all just assume that the private sector wants those restrictions?? There must be a law!

  • 1 vote
#2.3 - Wed Feb 1, 2012 8:08 PM EST
belle42

some are regulations by the industry (like the video game and movie ratings), others are because they'd lose other business if they didn't restrict the more objectionable material

  • 4 votes
#2.4 - Wed Feb 1, 2012 8:12 PM EST
CL1

Hmmm... I always thought the viewing ratings were considered "suggested"---not enforcable law. If they were law... it would be written somewhere. I'm still thinking that 1st Amendment rights should apply to the private sector, if they so choose to sell porn to minors. Or, maybe there are state mandates involved (i.e. I think in NY? adult age is 17, but in my state, it's 18)??

I'll look for legal info, which I probably should have done before putting up this article.

  • 1 vote
#2.5 - Wed Feb 1, 2012 8:22 PM EST
BD Styers

Newsvine like everyone else must act in accordance with law.

    #2.6 - Fri Feb 3, 2012 6:45 AM EST
    CL1

    Yes, there are certain laws they must abide. Yet, 'speech' of various kinds are still allowed here. It's discretionary in terms of the community and the management, as to what's acceptable.

    The point still remains; should internet speech be 'more free'.. In a public venue---I say, "no."

      #2.7 - Fri Feb 3, 2012 2:03 PM EST
      Reply
      Master Link

      As far as I know the old time porn shops were more or less restrictive on a store by store basis, same with the old video stores, some would rent to 18 year olds, some 21 was the age when you could rent adult material.

      Some laws may be set by community ordinance.

      I think we should be careful in restricting free speech on one media and not another, it should be a blanket law.

      For instance, every time a new media is introduced, do we need to write laws regarding the distribution of illegal material for that media, or is it just illegal no matter what media it is on?

      For some reason child pornography laws had to be modified to include the internet, in my mind illegal is illegal it doesn't matter to me if someone transmits the stuff electronically or carves it in butter and sends it by donkey to my house, it's illegal.

      Rewriting the law every time there is a change sets us on a slippery slope of always trying to catch up.

      • 3 votes
      Reply#3 - Wed Feb 1, 2012 8:30 PM EST
      CL1

      every time a new media is introduced, do we need to write laws regarding the distribution of illegal material for that media, or is it just illegal no matter what media it is on?

      I very much agree---it can't be illegal in one venue--but "free speech" in another! Government "interpretation" has been suggested to often be "bought" --with porn being a multi-billion dollar industry, there must be some financial, personal-interest used affecting these "rights" and moral decisions... and by moral, I'm implicating the long-range damage done to the individual AND the society, that can only be known or guessed at by looking at case studies and/ or forensics.

      Your first comments suggest that the decisions were strictly private choice and that there might exist some county ordinances, perhaps. That actually makes a lot of sense; communities have their own voices, and store owners might easily comply.

      I did think of something else. Liability. Is it possible that the private sector doesn't want to get sued for some type of damages? If so, it would be likely that the government might get sued, despite "rights," --but, a private business doesn't have the resources, quite often, that the government has, lol, so they might take more precautions by setting up guidelines, that might not be 'law' --but guidelines would give them a 'baseline' in an attempt to protect themselves, perhaps.

      • 2 votes
      #3.1 - Wed Feb 1, 2012 9:08 PM EST
      Master Link

      Bought and paid for politicians? Say it ain't so!

      Without question our leaders sell out their countrymen to the highest bidder, regardless of family values!

      I must say in the strongest terms though, "I do not want my political leaders regulating morals."

      The one thing I do want my government doing is protecting the weakest people in our society, such as children, or if a person is coerced into an act they would not normally do.

      Otherwise stay out of my morals!

      If morals or for that matter religion has to be regulated then we are doing something wrong.

      As far as community ordinances and liability, I don't think liability is as much an issue as fines and the communities ability to just close a business that is not in compliance.

      I also saw your post to Belle and the issue of movie ratings, that is quiet a story. It seems the movie industry decided to self regulate sometime in its early history, rather than have the government censor content.

      I honestly think the movie rating system is broken. PG-13 is the worst offender, what is allowed in a PG-13 movie, or it may be easier to ask what's not allowed.

      Dang, that last paragraph sounds like me wanting to regulate morals, Dang I'm so confused CL1.

      • 2 votes
      #3.2 - Wed Feb 1, 2012 10:44 PM EST
      CL1

      I also saw your post to Belle and the issue of movie ratings, that is quiet a story. It seems the movie industry decided to self regulate sometime in its early history, rather than have the government censor content.

      Actually, that was one of my original thoughts when I started thinking about the free speech issue relevant to theater, rentals, sales, et al; then I thought if the public system doesn't have to worry about who's viewing what's available to the public.... then neither should the privates have to worry about it, so the government would be out-of-line in censoring them. That led me to wanting to understand the reasons for the ratings and age limits, censoring online info sometimes, but not other times (i.e. I've looked up sensitive topics, only to find that sites were censored)----if it's "all" free speech. ...So----we have one, big case of hypocrisy going on here!!

      See, what I'm really getting at is that the Fed Gov could pull a *14th, due process clause* strike-down on a state or local government that tried to censor porn in certain areas, like libraries, where minors are susceptible; yet, the government censors the internet at will (I assumed those sites I visited were censored by the Government). This is just another example of where states' rights could be overridden by the Fed/Nat government. The government is using the 1st Amendment to allow something to protect itself from the community----so that we can't "close it down" ---yet, as you point out, the community 'could' close down a private business that non-compliant with any ordinances. (that's what I meant by "liability" sued or shut down)

      So, in sum, the private sector 'isn't protected'----from the community, necessarily, but the Government is. That's not in our best interest.

      I understand the 'regulating morals' issue that so often gets brought up in the threads. Yet, as you mention, protecting the innocent should be a concern. 'Some' specific moral legislation would seem to be a necessity, as parents of minors can't be everywhere all of the time.

      • 2 votes
      #3.3 - Wed Feb 1, 2012 11:31 PM EST
      Master Link

      I thought if the public system doesn't have to worry about who's viewing what's available to the public.... then neither should the privates have to worry about it, so the government would be out-of-line in censoring them

      I think this is a matter of free speech, rather than the public system worrying about viewed material

      Although I kinda wonder if a community can regulate what businesses can offer in the way of free speech (pornography) then why can't they do the same for an institution they have direct control over, as most libraries are owned by the communities they serve. Seriously confusing.

      Honestly, I'm not too sure about the 14th Amendment - due process clause, I need to study up a bit.

      What I would like to see is the States reaffirm their rights, first because this is the United States, not the Federal States.

      I do believe on many issues the States can gather in a convention (not sure if that's the right term) and through a process similar to ratifying an Amendment, force the Federal government to concede on certain issues. I'm not sure of any or all of that, what do you think?

      As far as parents not being able to be everywhere, since when? My mother knew everything I did :)

      Really, we have forgotten something important, parents are parents and not best friends. If I had a child that I wasn't sure was searching the net properly and it was a concern. Well, the computer would be prominently placed where I could keep an eye on what was searched. And, on lock down when I wasn't there to oversee what was searched.

      This is a very complicated issue, and I guess I would like to see us, the people, err on the side of freedom

      • 3 votes
      #3.4 - Thu Feb 2, 2012 1:20 AM EST
      maria lyn

      I do agree with the fact that if it is banned or restricted in the movies it should be restricted in the viewing of it in the Library .

      • 1 vote
      #3.5 - Thu Feb 2, 2012 2:24 AM EST
      CL1

      ML, Yes, it is "seriously confusing"---and in the context of the sentence that precedes those two words--tells me you 'totally get' what I'm talking about.

      Thanks for going over this with me, ML. I appreciated the back and forth.

      • 3 votes
      #3.6 - Thu Feb 2, 2012 2:54 AM EST
      maria lyn

      CL1____I don't understand why the Library if they have to allow porn there. Why don't they have a private area for adults to watch it. So that it is not in view of the children. And so I would write a complaint to the Library telling them to get a room for porn to be private. and out of the site of children you have a right to do that as a parent. Good Luck Maria-Lyn

        #3.7 - Thu Feb 2, 2012 3:06 AM EST
        CL1

        Yes, it's a complicated issue, that's for sure.

          #3.8 - Thu Feb 2, 2012 3:27 AM EST
          Libertarian y2k

          No easy answer CL1, this issue contradicts itself in a myriad of ways. I would have to research who has the power (or not) in different instances. Alcohol and tobacco sales/use might be easier to grasp but they contridict themselves in cases as well. For instance I believe 21 as the legal age for alcohol is not federal; the feds used pressure concerning highway funding to strong arm states into adopting the limit. So I believe it still is a state by state law. It is a sad law as well. You can vote, sit on a jury, get the death penalty, take a bullet for your country, get married, be held to legal contracts but .......... you can't drink a cold one for another 3 or 4 years. And in a few cases you can join the military at 17 and go to war but you can't legally buy a Playboy (or stores won't sell it to you; like you said it is fuzzy).

          • 1 vote
          #3.9 - Fri Feb 3, 2012 8:16 AM EST
          CL1

          this issue contradicts itself in a myriad of ways.

          Yes, that's what I've been saying all along.

          • 1 vote
          #3.10 - Fri Feb 3, 2012 2:04 PM EST
          Reply
          mightyj

          What the hell?? In private industry if you have offensive pornographic materials in plain view (even nude calenders) and somebody gets upset they can file harrassment charges against the company owners. They can even seek damages. You would think the library as somebody's work place would be subject to the same rules as any other work place. Nobody wants to see that @!$%# when they are trying to do a job and if minors can see it.......how can that be right?

          • 4 votes
          Reply#4 - Thu Feb 2, 2012 3:47 AM EST
          CL1

          how can that be right?

          Exactly, my sentiments. It's "freedom of speech" in some venues---but not others, apparently.

          Thank you, jj.

          • 3 votes
          #4.1 - Thu Feb 2, 2012 3:59 AM EST
          Reply
          Shub Tnediserp Remrof

          Porn in the afternoon in a public place really at east be considerate and watch it early in the day on the weekdays when most children are not there or don't watch it at the library.

          • 2 votes
          Reply#5 - Thu Feb 2, 2012 9:24 AM EST
          CL1

          I agree; protocol has seemingly disappeared from our communities, and in other forms of speech, as well.

          • 2 votes
          #5.1 - Thu Feb 2, 2012 12:39 PM EST
          Reply
          islandgirl-382087

          Pretty pathetic that someone would have to go to the library to view porn in the first place, perhaps mom kicked him out of her basement and his time would be better spent perusing the help wanted section of the online newspaper?

          • 1 vote
          Reply#6 - Thu Feb 2, 2012 5:16 PM EST
          CL1

          No argument there!! I imagine some folks don't have PCs, and go to the library to use them; but, I have wondered if there are people that go to the library to prevent identity from the ISP. If they used several monitors during their visit (I think they only get up to 90 minutes on each one, from what I read), they could engage several sites, and no one would know who it was. My concern is that their psyche might be affected by the porn, and then they might become an online, sexual predator as a release... just speculating potential consequences.

          • 1 vote
          #6.1 - Thu Feb 2, 2012 5:33 PM EST
          owlsview

          CL1 I believe that you will find at the root is commercialism. Most of your blue laws, such as drinking, cigarettes, porn etc. are state controlled.

          Back to that word commercialism. This could open up a big can of worms. Is any of this porn being viewed also being paid for online.? Is anybody conducting private commercial business on line using a library computer as a conduit for buying, selling, trading and transferring funds or materials? These computers are bought and paid for with taxpayer money for research purposes. Not commercial business. Should we the tax paying public be subsidizing commercial enterprise by allowing free use of our computers.

          A big can of worms. Couldn't restrict just porn, would have to restrict all commercial enterprise on computers in government buildings.

          • 3 votes
          #6.2 - Fri Feb 3, 2012 10:59 PM EST
          CL1

          Good point!! I wouldn't imagine those porn sites are free. Yes, how about other commercial trading, online, as you say. That's exactly right, we would, in essence, be subsidizing commercial enterprise with our tax dollars.

          Yes... a huge can of worms!

          • 2 votes
          #6.3 - Fri Feb 3, 2012 11:37 PM EST
          Reply
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