Indecent exposure
This year the Federal courts took a crash course in the Net. From the three-court appeals panel that first ruled against the Communications Decency Act last winter to the U.S. Supreme Court's declaration of that law's unconstitutionality last week, it was clear that our judges had taken the time to study the Internet, plumb its nature and understand why broad Net censorship laws like the CDA don't make sense.
Many occasions of bad coverage over the past year suggested that U.S. journalists badly need a similar course. But the coverage of the CDA defeat was mostly pretty solid. First of all, the press loves winners, so that cut down on the gratuitous Net-bashing that's so often fueled by misinformation. The online media helped keep the offline media honest, too (CNET's News.com turned in a particularly fast and thorough performance). Finally, newspapers and magazines increasingly employ journalists who know the online world reasonably well -- so that the worst Net stories, like the New York Times' recent Net drug-scare piece, come from a left field of reporters who wander off their beats and onto an Internet they barely understand.
The CDA story was covered responsibly by newspapers like the Times and the Washington Post; Newsweek's piece by Net veteran Steven Levy was a veritable "three cheers for Net freedom." Answering conservative Sen. Dan Coats' complaint, "I'm at a loss to see how the court makes the distinction between a TV and a computer screen," Levy scolded, "Read the decision, Senator," and proceeded to quote the Supreme Court's declaration that the Net is less "invasive" than radio and TV.
With some exceptions, TV coverage, as usual, wasn't nearly as smart. But at least it was left to CDA supporters like Cathy Cleaver of the Family Research Council to make the dire comments like, "Today we're going to see the floodgates of pornography open on the Internet. This is not a good time to be a child." Fewer broadcast news operations felt as comfortable making such statements themselves once the Supremes had spoken.
What was clear from the CDA coverage was that media outlets of every stripe cannot resist any opportunity to illustrate stories about Net censorship with the very images -- scantily clad bodies, nude silhouettes and flesh, flesh, flesh -- that so incensed the would-be censors. TV news shows across the country indulged in an orgy of screen-shots from adult sites. Even the staid New York Times ran the image of a browser window from a "Video Fantasy" Web site, though the female flesh displayed was facial only.
I wish one could argue that such displays represent a kind of media solidarity, in which the print and broadcast media show their support for their online cousins by boldly portraying the "indecent" content so nearly banned from the Net. But of course the motivation is far more venal than that. Media outlets everywhere, online and off (Salon certainly included), know that sexual images snare reader attention. If you can jazz up a dry legal story with some titillating pictures, who cares where they come from or whether they're relevant?
In truth, the commercial pornography used to illustrate the CDA stories was never what the CDA was about: Commercial adult Web sites already control the availability of their sites to minors as much as is practicable via warning pages, "adult check" services and, most effectively, the requirement of credit-card numbers. The CDA's "indecency" rule covered much more than pay-for-porn -- including, as the court noted, private e-mail between a parent and teenage child about birth control, or public online discussions of rape. But the press can't seem to pass up any chance to feed its readers cheesecake -- even when that choice undercuts the reporters who are trying to explain a complex issue.
July 3, 1997
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Scott Rosenberg
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