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FC: Patricia Nell Warren's comments to NAS porn panel (resend)
From: Declan McCullagh <declan () well com>
Date: Mon, 08 Jan 2001 11:00:52 -0500
[Patricia's comments to the NAS panel that I forwarded on Saturday were cut off. Here they are in their entirety. BTW Eudora 5.0, which I am now using for some email, rated this message with two hot peppers, saying it is "likely to offend the average reader." Shows what computers know. --Declan]
********** From: WildcatPrs () aol com Received: from imo-d03.mx.aol.com (imo-d03.mx.aol.com [205.188.157.35]) by smtp.well.com (8.8.5/8.8.4) with ESMTPid HAA16062 for <declan () well com>; Mon, 8 Jan 2001 07:49:48 -0800 (PST)
Received: from WildcatPrs () aol com by imo-d03.mx.aol.com (mail_out_v28.35.) id z.6b.e3337a2 (17530) for <declan () well com>; Mon, 8 Jan 2001 10:49:12 -0500 (EST) Message-ID: <6b.e3337a2.278b3b77 () aol com> Date: Mon, 8 Jan 2001 10:49:11 EST To: declan () well com MIME-Version: 1.0 Content-Type: multipart/mixed; boundary="part1_6b.e3337a2.278b3b77_boundary" I'm still trying to figure out how the message got truncated, since my AOL "sent mail" showed it going through entire. But I've heard of other recent incidents where AOL mail truncated messages. To be on the safe side, I am resending it in two parts. This is Part I, and Part II follows. Sorry about the problem. Patricia Nell Warren Subj: Comments on National Academy of Science workshop/online porn Date: 01/05/2001 5:54:39 PM Pacific Standard Time From: WildcatPrs To: itas () nas edu, Gpritcha () Nas Edu, Dllata () Nas Edu CC: WildcatPrs To: Dr. Herb Lin Senior Scientist 202/334-3191 Hlin () Nas Edu itas () nas edu Ms. Gail Pritchard Program Officer 202/334-3059 Gpritcha () Nas Edu Mr. Daniel D. Llata Senior Project Assistant 202/334-2605 Dllata () Nas Edu Dear Dr. Lin, Ms. Pritchard, and Mr. Llata, Someone forwarded your workshop announcement to me. I was unable to attend the workshop, owing to the lateness of your announcement, but want to offer some personal perspectives on the history and "human nature" aspect of youth accessibility to materials deemed "pornographic." My credentials: I've worked as a volunteer teacher in Los Angeles Unified School District. There I also served as an LAUSD commissioner of education, on both the Human Relations Education Commission and the Gay and Lesbian Education, doing everything from parent outreach to advisory work for board member Caprice Young, and addressing the L.A. Board of Education on vital issues. I've lectured in schools for many years, and edited an online publication called YouthArts. In addition, I've been a plaintiff in both ACLU lawsuits against the Justice Department, ACLU/ALA v. Reno I and ACLU v. Reno II. As a published author, I've written widely about history and current events. It is difficult to pinpoint what "Internet porn" is. As I'm sure you're aware, some citizens, lawmakers and government officials who want the Internet regulated for content are willing to target it narrowly. Others want to cast a very broad net, barring minors' access not only to hardcore sexual porn, but to any content on sexuality, sexual health, AIDS, feminist philosophy, violence, and of course anything relating to sexual orientation. In this commentary, I'll use the broader definition, because inevitably, in a reactionary time -- the kind we're living in -- broader censorship creeps in. I am almost 65 years old, but vividly remember the last era of American history where large numbers of our citizens were ouchy about what young people -- especially minors -- could legally view. In my 65 years I have learned three things: 1. Many kids find their way to forbidden subjects anyway, in spite of the most determined preventive efforts by adults. Indeed, our history shows that bans and barricades actually make kids curious, and eager to climb over them. 2. Kids who do NOT respect their parents' dictums about certain things will engage in forbidden behaviour, whether it's substance abuse or viewing online porn behind their parents' backs. Or, to put it another way, kids don't respect their parents when parents don't respect them in return. 3. Today the key to minors' Internet use is not what's legal or illegal. It is the degree of RESPECT that exists between a minor child and the parents. Control is not a substitute for respect. It amazes me to see parents who support "family values" demanding government censorship on the Net. In other words, their family values have failed, and they can't control their children, so they expect the government to control the situation for them. But all the government laws and regulations in the world cannot fill this vaccuum, or force a child to respect parents' wishes if respect is absent in the family. Respect is important whether the family is a conservative religious family or a liberal freethinking family. I grew up in a small conservative Montana rural town -- Deer Lodge (pop. 6000). In the postwar 1940s, there was no Internet or television to censor -- just radio, newspapers, magazines, books and movies. U.S. broadcast and news media were still sewed up tight. Beyond the wartime censorship mandates, certain types of news were not inked or broadcast simply because they were viewed as "not fit for people to know." My small town was crowded with active churches -- Roman Catholic, Episcopal, Lutheran, First Baptist, Methodist, Jehovah's Witness, Presbyterian, Reformed Church of Latter-Day Saints, even a Christian Science reading room. So religion had its say about local censorship. I vividly recall how Deer Lodge students learned about a sex crime that was not reported in the local press -- a crime that today would be routinely reported on the evening news (albeit with the under-age criminal not identified). I was 12 at the time. A boy in my 8th-grade class, who was a popular athlete and straight A student, was charged with a crime against a little girl. We kids found out about it anyway, through our own investigative efforts, because we had to know why Martin was suddenly not in class, not at home, nor seen about town. Our hair stood on end because of the extreme hush-hush atmosphere around this event. Martin simply vanished from our lives. There was no "grief counseling" or "crisis counseling" for those of us who had liked and admired him -- the matter was simply ignored by adult authorities, and we were left to figure out for ourselves what "rape" meant. Martin was tried and convicted behind closed doors and sent to the state reformatory. His family moved out of town. Nobody ever learned who the little girl was. So the local censorship network did fail...yet we children were left with lingering emotional wounds because of the absence of information. Local censorship also failed to keep us from knowing when a schoolmate got pregnant. There were two or three cases of unmarried pregnancy in my graduating class of 80, in 1953. Like Martin, these girls simply vanished from the town. The grapevine told us that they had been sent to the Crittenden Home for Wayward Girls in Helena to have their babies, and the children put up for adoption. Censorship did succeed in keeping an aura of secrecy and shame around the subject of unmarried pregnancy, and in helping destroy this young girls' lives. Ditto the subject of sexual orientation. So dire was secrecy on this subject that my schoolmates and I had only a vague idea of what "fairy" or "queer" meant. With "gay liberation" still 70 years in the future, I never met a student or teacher who was openly "gay," or read a gay book, or saw a gay film. But the total blackout didn't keep me from knowing that I was "different." But things were changing. No doubt the town's 1940s sensibilities were deeply impacted by returning young men and women who had been in the war. They had left Deer Lodge with their sociological "virginity" intact -- naive and uneducated about certain things. After months in the barracks, and months or years of European or South Pacific combat, and the wild social life that usually comes with wartime, they returned home strangely changed. Publically they had little to say about the violence they had participated in, atrocities they had witnessed, sexual relationships they'd had in the countries where they'd been sent...beyond what would fit into the war-time rah-rah expressions then allowed. It's worth mentioning "violence," which some people today also want banned on the Net. I need to remind you that there was little censorship of "violence" in those wartime and postwar days. Perhaps our government and news media agreed that violent images would keep U.S. citizens inflamed against the Japanese and German enemy right to the end. So the news photography that reached the newsreels and newsmagazines was way more graphic than those allowed today. I can still remember some of the unblurred war scenes that I saw in Movietone newsreels and Life Magazine. They were more gruesome than anything you'd see done with special effects in a Hollywood film today, because we all knew they were REAL. On top of this, children's games and toys and comic books of the day focused on war and weapons, whether the ubiquitous cap pistol or the toy soldiers. G.I. Joe toys go all the way back to World War II. Did these powerful lingering violent images, and those that came out of the Korean War scant years later, turn me and my schoolmates into a generation of violent criminals? If anything, these images made us lovers of peace. History records that it was young people of my generation, and those who grew up during the Korean War, who stuck daisies up gun-barrels and marched against the Vietnam War. If anything, the violent media of our childhoods made us turn against violence. (go to part II) World War II saw the crumbling of other sex-related censorship bars too -- portrayals of divorce, fornication, etc. Real life was leading the way. Â Some servicemen returned with pregnant war brides -- clearly they had been fornicating out there. Â Other marriages crumbled under wartime pressures, so there was more divorce and remarriage. Â This happened in my own family, when my mother's sister divorced her alcoholic husband and married a Marine fighter pilot. Books and movies were quicker than radio, newspapers and magazines to move onto this cutting edge of greater sexual explicitness, because they could deal in the "fictional." Â Yet censors saw books and movies as scary sources of controversial ideas filtering into young minds. Â The publication of "Gone With the Wind," and release of the movie in 1939, is a case in point. Â It showed how U.S. social resistance to airing certain subjects was already crumbling in the 1930s. Â Yet well into the postwar period, in some localities, this book and film stirred controversy as intense as some Internet controversies today. It's strange to look back at this -- today the book and film seem so bland, so venerably classic, controversial only for their portrayal of blacks. Â But in the 1940s some parents viewed "Gone With the Wind" the way some parents view Playboy Online today. Â Since there are no explicit sex scenes in either the movie or the book, what was the uproar about? Â Â The storyline portrayed a woman who flouted social mores and did what she pleased -- still a touchy subject in those days when women had enjoyed the right to vote for less than two decades. Â This, and the story's frank mentions of childbirth, divorce, attempted rape, wartime atrocities -- even the famous scene where Rhett Butler carries Scarlett up the stars, and Scarlett's smiling sated expression the morning after, which hinted at passionate sex -- did not sit well with many Americans of those times. Â Even passionate sex between married couples (Scarlett and Rhett were married) was a touchy subject. After World War II, the film was rerun, and returned to the Rialto theater inDeer Lodge. Â Sermons against it were preached from a few pulpits. Â Â Catholic
families, especially, held that GWTW was verboten because Scarlett's family were Catholic and she had therefore flouted Catholic moral doctrines. But some Protestant families in town also forbade their children to see it. Â The absence of ratings and ID protocols meant that it was up to parents to control their kids. Â The box office simply sold tickets to any kid that showed up. Â Children who respected their parents' wishes stayed away from it. Â Children who didn't respect their parents' wishes sneaked to the theater and saw it anyway. Â My liberal Republican Presbyterian parents had no problem with the film, since they were very interested in history, so the whole family went to see it -- an exciting experience that I've never forgotten. Â I saw it again with my best girlfriend and her sisters, whose liberal Catholic family also let them see it. Â The same local pattern developed around the book. Â Some Deer Lodge parents wouldn't allow it in their homes. Â It was not found in the high-school library. Â I recall a muffled controversy about whether the Deer Lodge public library should have a copy of GWTW. Â But any kid who was curious about the book, and didn't want to be seen checking it out of the public library, Â had no problem borrowing a copy from a friend whose parents had the book in their home. Â The book entered my life as a Christmas present around 1946, when I was ten. It came from an aunt and uncle who knew I was a voracious reader and loved history. Â On Christmas morning, by the time my parents had dressed and come downstairs, I was well into the book. Â My parents had a brief discussion about whether my aunt and uncle should have asked their permission before giving it to me. Â "Oh well, she's already reading it, and it's not going to kill her," they shrugged. Â And it didn't kill me, and I wondered what the furor was all about. As with the violent images I saw, I can't say that my life -- or the lives of schoolmates -- were destroyed by the socially challenging images in "Gone With the Wind", or seeing the film. Â Yet there were people in my childhood who were as adamant about keeping them away from me as there are people today who want "online porn" outlawed. Â Both my best friend and I grew up to be law-abiding adults and good citizens, in spite of having seen "Gone With the Wind". Â Neither of us have ever been arrested. Speaking of religion, those were the heydays of the Index of Forbidden Books in the Catholic Church. Â Though I attended public high school, I converted to Catholicism at 16 and went to a Catholic girls' college in the mid-50s -- Manhattanville College of the Sacred Heart. Â We girls were fully under the thumb of the Index. Â Â The first intellectual stirrings of 1960s revolt could be felt among us students, so the Index actually spurred us to be curious about certain books. I was one of those who read them in secret. Â Off campus we had no trouble finding copies of "Fanny," Joyce's "Portrait of the Artist as a Young Man," "Catcher in the Rye," the writings of Gide and Sartre, etc. Â I remember a battered paperback of "Lady Chatterley's Lover" being bootlegged around the dormitories when the good sisters weren't looking. Eventually, after Vatican II, the Church abandoned the Index, because they could see that it wasn't working. Â They no longer had the power to police society and punish people for reading forbidden books. It is my observation that all systems of censorship are doomed to fail, because they do no more than stimulate citizens' curiosity about forbidden material. Â As someone of 65, I have seen the USSR -- once our dreaded enemy -- fall apart. Its vast system of Communist censorship, which sent so many Soviet dissidents to labor camps and death, vanished almost overnight. Â I married a Ukrainian emigre writer in 1957, and lived in the Ukrainian emigre community in the eastern U.S. for many years. Â There I was connected with a group of young emigre poets called the Noviy Poety, and knew many older emigre writers and intellectuals who had survived the Stalinist terror and escaped during World War II. Â Despite these extreme efforts by the Communist system, dissent continued to fester. Â In the mid-60s, when the Soviet "thaw" began and the first Soviet artists were allowed to visit the U.S., I met Soviet Ukrainian dissident writers like Ivan Drach and Vitaliy Korotych, and heard their personal stories of resistance to censorship. Communist censorship covered everything from sex to politics, but it seldom succeeded in keeping people from getting their hands on forbidden material. Â Indeed, people risked their lives to circulate dissident writings or smuggle in "forbidden" Western publications. Â My own Ukrainian poetry was circulated underground in Ukrainian SSR, where it was officially viewed as "decadent Western trash".Where is Soviet censorship now? Â It is gone. Â The USSR is gone. Â Think about
that. The same thing has happened with governments at the other political extreme -- those ruled by fascist Christian regimes. During the 1960s, I spent a great deal of time in fascist Spain as a journalist and editor. Â I was working for The Reader's Digest then, spoke Spanish and was helping RD develop editorial material that could be run in the company's Spanish edition, Selecciones. Â With a state religion in place, the country was still under strict Catholic and fascist censorship, covering anything of a sexual, spiritual and political nature that wasn't acceptable to the regime. This system had been in place since 1939,and the Spanish people were growing weary of it. Â There was a brisk trade in smuggled foreign newspapers and books, along with the birth-control pill and condoms outlawed in Spain. Â Spanish people began traveling abroad in greater numbers, and seeing uncensored media everywhere. Â Spanish students went abroad in greater numbers to study. Â Old and failing, even Generalisimo Franco could see that censorship's days were numbered, and he relaxed the Press Law somewhat in his last years. Â Belatedly, even some Catholic bishops recognized the Church's loss of credibility with many Spanish citizens, so they began agitating openly for change. The moment Franco died in 1975, the new King Juan Carlos and the Cortes began to liberalize the country. Religious liberty came to Spain for the first time in over 40 years. So where is Spanish Catholic/fascist censorship today? Â It is gone. Â The regime that mandated it is gone. Â Think about that. Here in the United States, we stand in the doorway of a trend towards strict censorship. Â Your institution, and your hearings, stand in that doorway. Â I don't doubt for a minute that, with a Republican president in the White House, and growing influence of the religious right on the Republicans, the U.S. will see increased pressures for censorship at the national, even the international level. Â I'm sure that parents who approve of strict censorship feel that they are acting in the best interests of their own children, and other people's children. Â But it is my belief that those who seek to censor are ignoring the lessons of history -- our own history, the history of other modern nations. Â The National Academy of Science is supposedly populated by scientists, so hopefully you scientists will look at this issue more objectively than do the political and religious hotheads who advocate censorship. Today, as in the 1940s, Internet censorship will do no more than create new levels of curiosity among young people -- whether it is about sex on the Web, or about violence, or any other controversial content. Â Kids will find their way around the barriers, as they always have. Â No one will be able to stop them, especially since so many of them are technically sophisticated and able to bypass technical controls. Increased policing of speech -- arrests, prosecution of adults -- will only accelerate the loss of credibility in government among young people. Indeed, looking at the growing severity of juvenile justice, I can foresee that minors themselves might be prosecuted for viewing objectionable materials on the Internet, or helping others to view them on the Web -- either on school computers, public-library computers or home computers. Â In some states, kids are now being actually prosecuted for smoking. Â Censorship also is a concern for over-18 students, because some courts deem that even adult students' speech and access to certain content should be limited on campuses because of need for "public order." In my opinion, a system that prosecutes kids for flouting censorship laws will do no more than sow the seeds for revolt against such a system. Said Justice Abe Fortas in Tinker V. DesMoines (1969): "In our system, state-operated schools may not be enclaves of totalitarianism. School officials do not possess absolute authority over their students. Students in school as well as out of school are 'persons' under our Constitution." Adds the ACLU, in a cautionary against growing restrictions on youth: "Inspite of the Supreme Courtâs ringing endorsement of studentsâ rights in the
landmark Tinker decision, constitutional violations are far too common in public schools across the country. Articles about controversial subjects written for student newspapers are censored. Lockers and backpacks are searched without reasonable suspicion. Minority students are disproportionately shunted in lower track programs. Majoritarian religious practices are officially sanctioned by teachers and school administrators. Female students are excluded from certain extracurricular activities, and gay students are intimidated into silence." Take it from somebody who hasn't forgotten being one of those rebellious kids. Parents who want to "protect" their children from certain influences in our society ought to work at having a good relationship with their children, rather than insist that the government bail them out by imposing legalistic and punitive types of "protection" from without.   Too many parents want to shuffle their parental responsibilities and challenges onto the government and the schools and the juvenile-justice system.  I respected my own parents, and they respected me in return... they didn't overprotect me, and allowed me a reasonable amount of freedom to read and think...which even included allowing me to change religions when I was 16. Thank you for your attention. Sincerely yours, Patricia Nell Warren Wildcat Press 8306 Wilshire Blvd. Box 8306 Beverly Hills, CA 90211 323/966-2466 phone    323/966-2467 fax  Copyright 2001 by Patricia Nell Warren. All rights reserved. ------------------------------------------------------------------------- POLITECH -- Declan McCullagh's politics and technology mailing list You may redistribute this message freely if it remains intact. To subscribe, visit http://www.politechbot.com/info/subscribe.html This message is archived at http://www.politechbot.com/ -------------------------------------------------------------------------
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