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Cybersex: regulating sexually explicit expression on the Internet.

F H Cate1

  • 1Indiana University School of Law-Bloomington 47405, USA. fcate@indiana.edu

Behavioral Sciences & the Law
|April 1, 1996
PubMed
Summary

The First Amendment protects adult access to sexually explicit content, but allows channeling to protect children. The internet offers superior tools for content control compared to broadcasting.

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Area of Science:

  • Law and Technology
  • Media Studies
  • Constitutional Law

Background:

  • The First Amendment protects adult access to non-obscene, sexually explicit expression.
  • Government regulation of sexually explicit content faces challenges, particularly concerning access by minors.
  • Broadcasting presents unique difficulties for content control due to its wide reach and inability to segregate audiences.

Purpose of the Study:

  • To analyze the constitutional protections for sexually explicit expression online.
  • To evaluate the effectiveness of internet features in controlling children's access to such content.
  • To examine the implications of internet content regulation for First Amendment values.

Main Methods:

  • Legal analysis of Supreme Court rulings on broadcast content regulation.
  • Comparative analysis of content control mechanisms across different media (broadcasting, print, internet).
  • Examination of the unique characteristics of internet platforms facilitating parental controls.

Main Results:

  • Internet platforms offer more effective means for channeling and parental control of sexually explicit material than traditional media.
  • Current governmental and media attention on internet content often overlooks the robust First Amendment protections for adult access.
  • Existing internet features can significantly mitigate risks to children without unduly restricting adult access.

Conclusions:

  • The internet's structure facilitates compliance with regulations aimed at protecting children while upholding First Amendment principles.
  • Overly broad restrictions on internet content risk infringing upon constitutionally protected expression for adults.
  • A nuanced approach is needed, leveraging internet-specific features to balance child protection with free speech rights.

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