The whole of the Internet fosters freedom of speech and of the press by providing a worldwide network for instantaneous communication and publication, and the linking function itself serves the interest of the free exchange of information, enabling users of the World Wide Web to navigate its diverse and dynamic marketplace of ideas. The reasons for the First Amendment's protection of free expression are largely based on the ideas that free and open debate will generate truth, and that only an informed electorate can create an effective democracy. Thomas Jefferson wrote repeatedly on this topic:
In every country where man is free to think and to speak, differences of opinion will arise from difference of perception, and the imperfection of reason; but these differences when permitted, as in this happy country, to purify themselves by free discussion, are but as passing clouds overspreading our land transiently and leaving our horizon more bright and serene. Jefferson also stated that: "Nothing but good can result from an exchange of information and opinions between those whose circumstances and morals admit no doubt of the integrity of their views Other noted political philosophers have thrown their weight behind the "marketplace of ideas" concept as well, including John Stuart Mill. He conceived of the marketplace as a necessary means of testing the validity of ideas: "[N]o one's opinions deserve the name of knowledge, except so far as he has either had forced upon him by others, or gone through of himself, the same mental process which would have been required of him in carrying on an active controversy with opponents
The broad range of topics addressed by the far-flung and unfiltered publishers on the World Wide Web doubtless include many topics Jefferson and Mill never imagined, and the value of which being highly questionable in the context of public policy decision-making. Nevertheless, as government has reached out to regulate more types of conduct, the types of discussion that are relevant to inform the electorate as to the activities and makeup of their government have also expanded greatly. For example, by criminalizing the importation and interstate transportation of "obscene" and "indecent" materials
Congress creates a valid argument for the value of the discussion of the definitions of "obscene" and "indecent." In his article, Free Speech is an Absolute, Alexander Meikle john argues that, "Self-government can exist only insofar as the voters acquire the intelligence, integrity, sensitivity, and generous devotion to the general welfare that, in theory, casting a ballot is assumed to express, He goes on to argue that many forms of expression lead to the type of "knowledge, intelligence, [and] sensitivity to human values" voters need to inform their decisions. Among these forms of expression, Meikle john lists education, philosophy and the sciences, literature and the arts, and public discussion of public issues.
Tuesday, December 30, 2008
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