« Making Microsoft Disappear |
Main
| The Watermarking of the Web »
January 09, 2006
Congress Passes Blatantly Unconstitutional Law Against Internet Speech
Posted by Dana Blankenhorn
If Congress thought Netizens were angry before, now we're furious.
Declan McCullagh revealed today that buried inside some must-pass legislation from last year is a provision from Sen. Arlen Spector, chairman of the Senate Judiciary Committee, that bans all anonymous Internet speech that "annoys."
Annoys? Excuse me? You may not know this, Arlen, but the Federalist Papers were extremely annoying. So were the anti-federalist papers. (You may not have known such existed, but they did.) All of this debate, which is at the heart of our system (and which predates the Bill of Rights, not coincidentally) was conducted anonymously. The Founders rightfully feared legal harassment from the several states for their annoying speech, and kept their names to themselves as they debated the questions publicly. One thing to emerge from all this, of course, was a promise to cofify specific rights of the people, of which Freedom of Speech would come in the First Amendment.
Since then we've had ample precedent and rhetoric upholding the principle that annoying speech, even anonymous annoying speech, is OK. (The legal problem emerges when you get into deliberate falsehoods, into libel or slander, not annoyance.) Among the most recent such defenses is one from Mr. Justice Thomas, in McIntyre vs. Ohio Election Comm., 1995.
Spector knew this piece of garbage would wilt in the light of day. That's why he snuck it through in the dark of night.
Of course, that's why we have courts. To toss this kind of stuff.
Maybe someone should ask Mr. Alito what he thinks of it.
Comments (4)
+ TrackBacks (0) | Category: Digital Divide | History | Internet | Journalism | Politics | law | personal
POST A COMMENT
- RELATED ENTRIES
- › The Legend of Dennis Hayes
- › Evolution Changes Its Mind (Again)
- › Welcome to 1966
- › What Must Craigslist Do?
- › No Such Thing as Free WiFi
- › The Internet As A Political Issue
- › Google Images Ruled Illegal
- › Fall of Radio Shack
Dana Blankenhorn has been a business journalist for over 25 years and has covered the online world professionally since 1985. He founded the "Interactive Age Daily" for CMP Media, and has written for the Chicago Tribune, Advertising Age, and dozens of other publications over the years.
1. Tom3 on January 9, 2006 08:03 PM writes...
Welcome to the New World Order.
Dubya and the GOP don't care about your rights.
Dubya wipes his butt with the Constitution.
Dubya is a fascist and should be chimpeached.
I hope this annoys somebody. Arrest me, you NAZIS
Permalink to Comment2. MattyBeddy on January 10, 2006 12:08 PM writes...
That makes a lot of sense. "The bill cleared the House of Representatives by voice vote, and the Senate unanimously approved it Dec. 16.".
Looks like President bush wasn't the only one. The wording is just wrong imo, becuase after that it lists "abuse, threaten, or harass any person". I don't remember you being able to do those things over the phone/in person. What a buncha bs over one word, annoy. Have you recently been charged with this crime? Or any crime against your first ammendment rights? Just stfu (I wonder if I'll get arrested for that ).
Permalink to Comment3. rwalter on February 3, 2006 08:30 AM writes...
It passed unanimously by being buried in other lengthy legislation, at the last hour, a tactic that has alarmingly been used more and more lately. With the exception of that one word, this might not be so bad, but who decides what "annoys"? In this administration, many whistleblowers have been discriminated against, fired, and abused for telling the truth to the nation. It is not a stretch that telling the truth on the internet would get you the same, if not worse, treatment. Many little isolated inroads have been made into our freedoms in the last few (5) years, each a small step to a grander total. Each should be opposed with extreme predjudice, but the "people" get the government they deserve, and our collective attention deficit disorder will eventually be rewarded with a new set of realities, which will seem like they occured overnight to those not paying attention, but in truth are being propogated every single day this administration stays in office. It's not our fault you're not paying attention, but we will suffer with you. I will give you credit for at least reading something, even something you don't agree with, a trait that seems to be considered poisonous to most in our country at this time. Thanks for that much.
Permalink to Comment4. annoyer annoyed on February 6, 2006 07:56 AM writes...
is there no end to the lunacy ? Dear god
Permalink to Comment