Censorship in the United States
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The US Bill of Rights explicitly forbids the government to censor advocacy of religious ideas or practices and guarantees the rights of citizens to speak and publish freely, as well as to "assemble" to demand "redress of grievances" (see First Amendment).
However, there has always been Censorship in the United States.
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Broadcast media censorship
The Federal Communications Commission (FCC) regulates "indecent" free-to-air broadcasting. It can issue fines if, for example, the broadcaster employs certain swear words.
Radio personality Howard Stern has been a frequent target of fines. This led to his leaving broadcast radio and signing on with Sirius Satellite Radio in 2004.
The Super Bowl XXXVIII halftime show controversy increased the political pressure on the FCC to vigorously police the airwaves. In addition, Congress increased the maximum fine the FCC may levy from US$27,500 per incident to US$375,000.
Restrictions on political compaigns
Political compaigning is regulated, and the regulations have become more restrictive over time (see campaign finance reform). For example, the Bipartisan Campaign Reform Act of 2002 regulates the purchase of TV and radio advertising that identifies a federal candidate within 30 days of a primary or nominating convention, or 60 days of a general election.
Supporters of the regulations say that the restrictions are necessary to prevent corruption, and so far, the Supreme Court has upheld them.
War reporting and national security
The government heavily censored reporting during World War II, but since that time war censorship has been relatively light. One controversy was the failed attempt to prevent the publication of the Pentagon Papers during the Vietnam War.
In 1979, the magazine The Progressive was sued by the U.S. government (United States v. The Progressive, Inc.) and temporarily blocked from publishing an article that purported to reveal the "secret" of the hydrogen bomb. The article was eventually published.
Under the Invention Secrecy Act of 1951 and the Atomic Energy Act of 1954, patents may be withheld and kept secret on grounds of national security.
Pornography
The courts have ruled that the First Amendment protects "indecent" pornography from regulation, but not "obscene" pornography. Enforcement of federal obscenity laws has increased under the Bush administration. People convicted of distributing "obscene" pornography face long prison terms and asset forfeiture.
In 1996, Congress passed the Communications Decency Act, with the aim of restricting Internet pornography. Court rulings have struck down much of the law, however.
Cryptography software
The export of cryptography software is regulated as a munition under the International Traffic in Arms Regulations, although in recent years the regulations have relaxed, due in part to industry lobbying.
Daniel J. Bernstein challenged the regulations (see Bernstein v. United States) on First Amendment grounds, and won his case, but some regulations remain.
Copy protection circumvention software
The Digital Millennium Copyright Act (DMCA), passed in 1998, prohibits trafficking in "devices" that circumvent copy protection. Although software is not commonly considered a "device", the law has been applied to software, most notably DeCSS.
In 2001, Prof. Edward Felten was threatened with legal action under the DMCA for a research paper he wrote explaining how a particular watermark scheme worked.
Libel
In the Internet era, libel laws are increasingly being used against individuals expressing their views in public forums. Although it is difficult to win a libel case in the U.S., it can still be an effective means of intimidation and deterrence, since defending oneself against a lawsuit is expensive and time consuming.
Censorship in the past
See also
- Prior restraint
- Civil liberties of the United States
- Freedom of speech in the United States
- First Amendment to the United States Constitution
- Freedom of the press
- Freedom of speech
- United States obscenity law
Rating systems and industry self-regulation
- MPAA film rating system
- Entertainment Software Rating Board
- TV Parental Guidelines
- Parental Advisory (music)
Related techniques of suppression
Free speech advocates
External links
- Administration of the Invention Secrecy Act (http://www.fas.org/sgp/othergov/invention/admin.html)