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Issues - "Harm to Minors" and Censorship of Youth

Supreme Court Will Review "Fleeting Expletives" Case
(March 13, 2008) - A showdown is looming over FCC censorship of "indecency" on the airwaves.

Another Game Censorship Law is Struck Down
(August 15, 2007) - Why nine court defeats haven't stopped states from trying to restrict "violent" video games.

Condomphobia
(July 17, 2007) - CBS and Fox TV's rejection of a Trojan ad recapitulates an old story of American schizophrenia on the subject of sex.

Supreme Court Carves Out a New Exception to Student Free Speech
(June 25, 2007) - The Court's decision in the "Bong Hits 4 Jesus" case draws a murky line between advocacy of illegal conduct (not protected) and political dissent (protected - at least sometimes).

A Huge Victory for Free Speech on the Airwaves
(June 4, 2007) - The U.S. Court of Appeals has invalidated the FCC's ban on "fleeting expletives," and in the process, cast doubt on the constitutionality of the entire "indecency" censorship regime.

"COPA" is Struck Down Again
(March 23, 2007) - A federal court's March 22 decision touts Internet filters as more effective than a criminal law in barring minors from sexual speech.

Confusion Reigns At "Bong Hits 4 Jesus" Argument
(March 21, 2007) - Justice David Souter seemed outnumbered at the Supreme Court argument on March 19 in Morse v. Frederick, the most important student free speech case to reach the Court in 20 years.

National Coalition Against Censorship Urges Full First Amendment Protection for Student in "Bong Hits for Jesus" Case
(February 21, 2007) - FEPP was co-counsel on a friend-of-the-court brief to the the Supreme Court, arguing that school officials had no right to punish a student who held up a controversial banner on a public street.

Federal Judges Have Hard Questions for FCC Censors
(Dec. 20, 2006) - At oral argument before the U.S. Court of Appeals, the FCC's lawyer struggled to defend the agency's rules banning "profanity" and "fleeting expletives" on the airwaves.

Filmmakers, Writers, Free Speech Groups Urge Court to End FCC Censorship
(November 30, 2006) - 20 organizations, led by the Brennan Center, have filed a friend-of-the-court brief arguing that the FCC's rules banning "profanity" and "fleeting expletives" on the airwaves are unconstitutional.

First Post-CIPA Lawsuit Filed
(Nov. 21, 2006) - The ACLU of Washington has sued a library district for refusing to dismantle Internet filters.

FCC Faces Judicial Challenges to Its Indecency Regime
(Sept. 29, 2006) - Two federal courts are poised to decide whether "fleeting expletives" or "wardrobe malfunctions" can be banned from radio and television.

The Disconnect Between Fact and Rhetoric
(August 2, 2006) - A recent conference, "Beyond Censorship," touts ratings and filters, and buys into myths about proven harm from sexual or violent content.

Movie Censors Are Also Copyright Infringers
(July 11, 2006) - A federal court has ruled against the fair use arguments of CleanFlicks and fellow sanitizers.

Internet Filters: A Public Policy Report
(May 2006) - Internet filters categorize expression without regard to its context, meaning, and value. Yet these sweeping censorship tools are now widely used in schools and libraries. This fully revised and updated report surveys nearly 100 tests and studies of filtering products through 2006. An essential resource for the ongoing debate.

America's Culture Czars
(March 21, 2006) - The FCC's latest "indecency" rulings are so radical as to beg for court review.

Sanitizing Movies
(April 19, 2005) - The "Family Movie Act" (which was passed into law shortly after this testimony was given) singles out filmmakers for lesser copyright protection in order to encourage the movie-censoring industry.

Internet Filters Are Now a Fact of Life
(September 2, 2004) - But a new guide for libraries explains that some are worse than others.

The Right Result; the Wrong Reason
(July 1, 2004) - In ruling that Internet filters are a "less restrictive alternative" to COPA, a criminal law restricting sexual material online, the Supreme Court endorsed a technology with the potential for far greater censorship.

Congress Weighs In On Movie Filters
(May 21, 2004) - Threats to change copyright law if directors and studios don't allow censorware to blur, cut, and bleep.

What's Wrong With Censoring Youth?
(April 19, 2004) - Law professor Kevin Saunders' new book proposes radical restrictions on minors' First Amendment rights.

Fact Sheet on Sex and Censorship
(March 2004) - Where did the exception to the First Amendment for "obscenity" originate? What other ways have government officials found to control erotic speech? And why do some of them continue to do so, in the face of ever more sexual explicitness all around us? FEPP's fact sheet summarizes the history and current status of restrictions on sexual expression in America.

The Latest "Indecency" Row: Super Bowl Half Time
(February 3, 2004) - What is the fuss about Janet Jackson's breast?

Media Literacy: An Alternative to Censorship
(2002; second edition, 2003) - FEPP's survey of media literacy education and why it is preferable to TV ratings, Internet filters, "indecency" laws, and other efforts to censor the ideas and information available to the young.

Not In Front of the Children: "Indecency," Censorship, and The Innocence Of Youth
(2001, 2nd edition 2007) - From Huckleberry Finn to Harry Potter, Internet filters to the v-chip, censorship is often based on the assumption that children and adolescents must be protected from "indecent" speech. In Not In Front of the Children, FEPP Director Marjorie Heins explores the history of indecency laws and other censorship aimed at youth. Not in Front of the Children won the 2002 American Library Association's Eli M. Oboler Award for the best published work in the area of intellectual freedom.

For Additional Materials on "Harm to Minors" and Censorship of Youth in 2001-03, go to the Archives Page.

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The Free Expression Policy Project began in 2000 as part of the National Coalition Against Censorship, to provide empirical research and policy development on tough censorship issues and seek free speech-friendly solutions to the concerns that drive censorship campaigns. From May 2004 to March 2007, it was part of the Democracy Program at the Brennan Center for Justice at NYU School of Law. FEPP has been supported by grants from the Robert Sterling Clark Foundation, the Nathan Cummings Foundation, the Rockefeller Foundation, the Educational Foundation of America, the Open Society Institute, and the Andy Warhol Foundation for the Visual Arts.

All material on this site is covered by a Creative Commons "Attribution - No Derivs - NonCommercial" license. (See http://creativecommons.org) You may copy it in its entirely as long as you credit the Free Expression Policy Project and provide a link to the Project's Web site. You may not edit or revise it, or copy portions, without permission (except, of course, for fair use). Please let us know if you reprint!