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1992-08-18
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From: "Michael E. Marotta" <MERCURY@LCC.EDU>
Subject: Book Review--Exporting the First Amendment
Date: Sun, 27 Jan 91 09:11 EST
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*** CuD #3.05: File 7 of 8: Review--Exporting the First Amndmnt ***
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BOOK REVIEW: Exporting the First Amendment: The Press-Government Crusade
1945-1952 by Margaret A. Blanchard, Longman Publishers, New York, 1986.
This book was reviewed in the same issue (Vol. 39, No. 3. Oct 1987) of the
Federal Communication Law Journal that contains the article "An Electronic
Soapbox: Computer Bulletin Boards and the First Amendment." "Soapboax" was
cited by The Electronic Frontier Foundation in the amicus curiae brief on
behalf of Len Rose. EXPORTING THE FIRST AMENDMENT is the more telling
tale.
Time and again, Eleanor Roosevelt and her team mates from the United States
were overpowered by compromisers who viewed "freedom of the press" as a
necessary evil. To most of the delegates to the press conventions in
Geneva and New York, RESTRICTING the press by adopting "principles of
responsibility" was more important.
Freedom of the press was for everyone EXCEPT... Except for issues of
national security (all nations agreed with that). Except for when the
press in one place insults the politicians in another place (Egypt's King
Farouk enjoyed the Riveria and Monte Carlo). Except when materials are
injurious to youth (Scandanavia and France feared American comic books and
the communists hated the daily comics because in the background was all
this luxury). Except when opinions are injurious to the reputation of
natural and legal individuals (a "legal individual" is a corporation). And
indeed, while Eleanor Roosevelt was insisting that the press should be
free, the United States was chasing "communist" writers at home and abroad.
Sadly, the author actually shares the views of the totalitarians. To
Blanchard, the press is like religion or politics, it is an institution
than cannot be superimposed on a culture. However, freedom of the press is
merely a logical extension of the freedom to speak which comes from the
freedom to think. Why it is that Islam and Christianity and atheism,
socialism and communism and capitalism, hot dogs and tofu and tacos can be
exported and imported but freedom of the press cannot?
Recently, the National Science Foundation pressured a sysop into dropping
"obscene" GIF files from his FTP directory. (The fate of publishers like
Craig Neidorf and Steve Jackson has been well-documented.) To the extent
that we compromise, we deliver to our enemies the weapons that are used
against us. The failure of the "First Amendment Crusade" following World
War II is still haunting us today. The threat to your right to think comes
not from the fact that Egypt and Israel impose censorship, but that the
United States imposes censorship. The key difference is that for them, it
is the rule and for us, it is the exception. So be it.
Very often in cyberspace, we come upon systems that ask us not to post
"illegal" information on bombs or lockpicking or sex or credit cards. A
sysop or moderator has a right to define what is appropriate on their
system. But stop and think. There is nothing inherently ILLEGAL about
publishing these facts. Security textbooks are one source. Mystery
stories are another. If you don't know how cars or credit card numbers are
stolen, you cannot PROTECT yourself and you become dependent upon the
socialized police forces to inefficiently record your losses. And why is
it wrong to write about SEX? What next, walking down the street?
Freedom of the press comes from freedom to think. EXPORTING THE FIRST
AMENDMENT is the sad story of what happened when these principles were
compromised.
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