Alright everybody, the language does get a little thick ...but the article makes a point. > *********************************************************** > THE X-ON CONGRESS: INDECENT COMMENT ON AN INDECENT SUBJECT > *********************************************************** > > by Steve Russell > American Reporter Correspondent > > SAN ANTONIO, Texas -- You motherfuckers in Congress have dropped over the > edge of the earth this time. I understand that very few of the swarm of > high dollar lobbyists around the Telecommunications Bill had any interest > in content regulation -- they were just trying to get their clients an > opportunity to dip their buckets in the money stream that cyberspace may > become -- but the public interest sometimes needs a little attention. > Keeping your eyes on what big money wants, you have sold out the First > Amendment. > > First, some basics. If your children walked by a public park and heard > some angry sumbitches referring to Congress as "the sorriest bunch of > cocksuckers ever to sell out the First Amendment" or suggesting that > "the only reason to run for Congress these days is to suck the lobbyists' > dicks and fuck the people who sent you there," no law would be violated > (assuming no violation of noise ordinances or incitement to breach the > peace). If your children did not wish to hear that language, they could > only walk away. Thanks to your heads-up-your-ass dereliction of duty, > if they read the same words in cyberspace, they could call the FBI! > > Cyberspace is the village green for the whole world. It is the same as the > village green our Founders knew as the place to rouse the rabble who became > Americans, but it is also different. Your blind acceptance of the dubious - > - make that dogass dumb --idea that children are harmed by hearing so-called > dirty words has created some pretty stupid regulations without shutting down > public debate, but those stupid regulations will not import to cyberspace > without consequences that even the public relations whores in Congress > should find unacceptable. > > In cyberspace, there is no time. A posted message stays posted until it is > wiped. Therefore, there is no way to indulge the fiction that children do > not stay up late or cannot program a VCR. In cyberspace, there is no place. > The "community standards" are those of the whole world. An upload from > Amsterdam can become a download in Idaho. By trying to regulate obscenity > and indecency on the Internet, you have reduced the level of expression > allowed consenting adults to that of the most anal retentive blueballed > fuckhead U.S. attorney in the country. The Internet is everywhere you can > plug in a modem. Call Senator Exon an "ignorant motherfucker" in Lincoln, > Nebraska and find yourself prosecuted in Bibleburg, Mississippi. > > In cyberspace, you cannot require the convenience store to sell Hustler in > a white sleeve. The functional equivalent is gatekeeper software, to which > no civil libertarian has voiced any objection. Gatekeeper software cannot be > made foolproof, but can you pandering pissants not see that any kid smart > enough to hack into a Website is also smart enough to get his hands on a > hard copy of Hustler if he really wants one? > > In cyberspace, there is the illusion of anonymity but no real privacy. > It is theoretically possible for any Internet server to seine through all > messages for key words (although it seems likely the resulting slowdown > would be noticeable). Perhaps some of you read about America On Line's > attempt to keep children from reading the word "breast?" An apparently > unforeseen consequence was the shutdown of a discussion group of breast > cancer survivors. Don't you think more kids are aware of "teat" > (pronounced "tit") than of "breast?" Can skirts on piano legs, er, limbs > be far behind? > > But silly shit like this is just a pimple on the ass of the long-term > consequences for politics, art and education. You have passed a law that > will get less respect than the 55 m.p.h. speed limit dead bang in the middle > of the First Amendment. Indecency is nothing but a matter of fashion; > obscenity is the same but on a longer timeline. This generation freely > reads James Joyce and Henry Miller and the Republic still stands. > The home of the late alleged pornographer D. H. Lawrence is now a beautiful > writers' retreat in the mountains above Taos, managed by the University of > New Mexico. > > Universities all have Internet servers, and every English Department has at > least one scholar who can read Chaucer's English -- but not on the Internet > anymore. Comparative literature classes might read Boccaccio --but not on > the Internet anymore. What if some U. S. Attorney hears about Othello and > Desdemona "making the beast with two backs" -- is interracial sex no longer > indecent anywhere in the country, or is Shakespeare off the Internet? > > Did you know you can download video and sound from the Internet? > Yes, that means you can watch other people having sex if that is interesting > to you, live or on tape. Technology can make such things hard to retrieve, > but probably not impossible. And since you have swept right past obscenity > and into indecency, the baby boomers had better keep their old rock 'n roll > tapes off the Internet. > > When the Jefferson Airplane sang "her heels rise for me," they were not > referring to a dance step. And if some Brit explains the line about > "finger pie" in Penny Lane, the Beatles will be gone. All of those school > boards that used to ban "The Catcher in the Rye" over cussing and spreading > the foul lie that kids masturbate can now go to federal court and get that > nasty book kept out of cyberspace. > > But enough about the past. What about rap music? No, I do not care much > for it either -- any more than I care for the language you shitheads have > forced me to use in this essay -- but can you not see the immediate > differential impact of this law by class and race? What is your defense - > -that there are no African-Americans on the Internet, since they are too > busy pimping and dealing crack? If our educational establishment has any > sense at all, they will be trying to see more teens of all colors on the > Internet, because there is a lot to be learned in cyberspace that has > nothing to do with sex. > > There are plenty of young people in this country who have legitimate > political complaints. When you dickheads get done with Social Security, > they will be lucky if the retirement age is still in double digits. > But thanks to the wonderful job the public schools have done keeping sex > and violence out, we have a lot of intelligent kids who cannot express > themselves without indecent language. I have watched lawyers in open court > digging their young clients in the ribs every time the word "fuck" slipped > out. > > Let's talk about this fucking indecent language bullshit. Joe Shea, my > editor, does not want it in his newspaper, and I respect that position. > He might even be almost as upset about publishing this as I am about > writing it. I do use salty language in my writing, but sparingly, only > as a big hammer. Use the fucking shit too fucking much and it loses its > fucking impact --see what I mean? Fiction follows different rules, and if > you confine your fiction writing to how the swell people want to see > themselves using language, you not only preclude literary depiction of > most people but you are probably false to the people you purport to depict. > > Do you remember how real language used by real people got on the air and in > the newspapers? Richard Nixon, while he was president, speaking in the > White House about official matters. A law professor and a nominee for > Supreme Court Justice arguing about pubic hairs and porno movies during > Senate hearings. Are these matters now too indecent for the Internet? > How much cleansing will be required of the online news services? > Answer: Enough cleansing to meet the standard of what is appropriate > for a child in the most restrictive federal judicial district. > > This is bullshit -- unconstitutional bullshit and also bad policy bullshit. > To violate your ban on indecency, I have been forced to use and overuse > so-called indecent language. But if I called you a bunch of goddam > motherfucking cocksucking cunt-eating blue-balled bastards with the morals > of muggers and the intelligence of pond scum, that would be nothing compared > to this indictment, to wit: you have sold the First Amendment, > your birthright and that of your children. The Founders turn in their > graves. You have spit on the grave of every warrior who fought under the > Stars and Stripes. > > And what mess of pottage have you acquired in exchange for the rights of a > free people? Have you cleansed the Internet of even the rawest pornography? > No, because it is a worldwide system. You have, however, handed the > government a powerful new tool to harass its critics: a prosecution for > indecent commentary in any district in the country. > > Have you protected one child from reading dirty words? Probably not, if you > understand what the economists call "substitution" -- but you have leveled > the standards of political debate to a point where a history buff would not > dare to upload some of the Federalist v. Anti-Federalist election rhetoric > to a Website. > > Since the lobby reporting requirements were not law when the censorship > discussion was happening, I hope you got some substantial reward for what > you gave up. Thirty pieces of silver doesn't go far these days. > > # # # > > (Steve Russell, retired after 16 years as a trial judge in Texas, is > Assistant Professor of Criminal Justice at the University of Texas at > San Antonio.) > > This article may be reproduced free forever.