COVERT CENSORSHIP IN AMERICA
and
CENSORSHIP ON INTERNET
by Kirk Brothers
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INTRODUCTION In Chapter Two of my book-in-progress, THE REVOLUTIONARY RIGHT, I noted that a gross miscarriage of justice--the delibe- rate suppression by Federal Judges of a test case on Social Security--was totally ignored by the mass media. Not a single newspaper, wire service, or broadcast organiza- tion paid the slightest attention to our news releases exposing the scandalous truth--thus negating our best efforts to inform the American people of the widespread corrupt practice of "judicial legislation" by partisan activists in black robes. In this brief article I should like to address the topic of censorship in America. Obviously, we do not suffer censorship as a result of official government policy as in Nazi Germany-- enforced by police powers--which would be instantly and vigorous- ly opposed by all civil libertarians. Rather, I address censor- ship which is covert, privately executed, and which leaves the victim of such censorship without any recourse to obtain relief. CENSORSHIP VIS-A-VIS THE FIRST AMENDMENT First, an important definition with Constitutional over- tones. Censorship is, in essence, PRIOR RESTRAINT upon freedom of speech and, by logical extension, freedom of the press. Our Constitution (sham though it may be) guarantees only that the Federal government may not impose prior restraint upon speech or the press. The First Amendment does NOT establish that such restraint may not be imposed by non-governmental bodies. In fact, freedom of the press implies freedom to publish outright lies with impunity. An obvious example is that of the National Inquirer and many other alleged newspapers of the same misbegotten ilk. Such publications appeal to mentally-retarded readers, or half the population--giving the National Inquirer its dubious claim to the country's largest circulation of any periodical. In addition, the First Amendment right of free speech and press implies the right to propagandize and/or censor--which we will show is standard operating procedure in America. Here's a well-known example. CENSORSHIP BASED UPON DOCTRINAL BELIEFS The Catholic Church practices prior restraint upon all books published as "Catholic" books and sold in Catholic book stores. Any person who writes for such "authorized" circulation must sub- mit his manuscript for two stages of censorship. The first stage results in a determination of "nihil obstat" --nothing objectionable--by a clergyman whose decision is accep- ted as "semi-final". The second stage--once a manuscript passes the test of "nihil obstat", is the "imprimatur" (let it be prin- ted). The prefatory pages of any book sold under the auspices of the Church include this information with the names of the theolo- gians who certified the book as conforming to Catholic doctrine. Such books make no pretense of objectivity, and suppress any viewpoint which might be seen as heresy. Obviously, a Libertar- ian has no problem with censorship of Catholic books by Catholic authorities. Libertarians simply live in another world, where concern with orthodoxy in thinking is irrelevant. CENSORSHIP BASED UPON SOCIAL PHILOSOPHY Let's take another example closer to home for most of us, by examining what might be the most frequently censored work of classic American literature by one of our most talented authors. Mark Twain was a gifted writer whose works have a distinc- tive "folk" style--and he was OPPOSED to slavery and racial prejudice. It so happens that in TOM SAWYER, his novel of boys' life in Hannibal, Missouri, Twain had created the minor character of Huckleberry Finn--the son of the "fragrant town drunk". Later, at a time when the country was surging toward Civil War over the issue of slavery, Twain wrote a sensitive novel featuring young Huck Finn and a runaway slave named Jim. The story depicts their adventures on a raft trip down the Missis- sippi River, from a slave state to a free state. The story is told by Huck himself, talking as a young boy from a racist cul- ture in which blacks were referred to as "niggers" in casual conversation. Bookburners have had a field day with HUCKLEBERRY FINN--time and again it has been banned from school libraries, and rein- stated when more level heads prevailed over those individuals who merely counted the "n" word as their one and only criterion for "racism". The fact, proved time and again by repeated experience, is that if one reads the entire novel carefully, one easily discerns that young Huck's attitudes towards blacks undergo a subtle change--Finn in fact CONSPIRES with "nigger Jim" to pretend that Jim is Huck's slave, and that they are traveling on Huck's business. Young Huck, without realizing what is happening in his own thinking, comes to the conclusion that slavery is WRONG. It is a truly moving experience to read the boy's words as he expresses Twain's liberal viewpoint on human relationships without becoming "preachy", which would destroy the character and mood. CENSURES V CENSORS The misunderstanding of the novel HUCKLEBERRY FINN began even among such intellectual Americans as Twain's fellow writer, Louisa May Alcott. Twain's anti-slavery novel was totally mis- construed as racist by many abolitionists like the Alcott family. Did public censure censor? Did it restrain Twain's right of free speech? Obviously not--since the book was widely reprinted and read--but incidents banning a book certainly impose a subtle form of restraint upon the right of readers to inform themselves of what the dispute is about. A person who merely reads and likes a "bad" book may be stigmatized, or suspected of evil motives--a form of intimidation that may dissuade many from even owning the work. Here's a recent and relevant example. A fellow Libertarian, Traves Coppock, is organizing a study group on Constitutional rights, and I am proud to say that my articles will be among his sources of information on that subject. Like many Libertarians, Mr. Coppock is well-read, and is not averse to using an apt quotation here and there. Because he believes in spreading the truth as Libertarians see it, he made use of this quotation in an article he posted recently: "If you want to make the people angry, tell them a lie. If you want to make them livid with rage, tell them the truth." Now, be honest. Isn't that a well-constructed and effective --if not brilliant--aphorism? Doesn't it say a great deal in a few words? Isn't it easy to remember by virtue of the contrast of ideas? Couldn't it be used in just about any context to promote just about any philosophy? Well, there is a very ironic fact involved here--the irony is that this remark, so appropriate for Libertarians to use within their own belief system, was the creation of the most despotic mass murderer of this century--Adolf Hitler--in MEIN KAMPF. Had Mr. Coppock merely quoted the text without citing the source, he might have been faulted for not saying who wrote it. So he simply noted the author's name, without comment of any kind. Immediately other so-called Libertarians rose to what they erroneously perceived as an outrageous endorsement of Nazism, and attacked Mr. Coppock--for merely using a quotation from Hitler. He was called upon to renounce, or explain, or apologize, etc., for simply quoting a man whom true Libertarians unite in condemn- ing. This hyper-reaction, or knee-jerk hostility, is typical of book-burners and banners, who do not trouble to evaluate care- fully what they have read--or to see the "objectionable" part in context of the whole. Taking material out of context is a propa- ganda trick, used by every lawyer in the business every day. And since we are on the subject of Libertarian beliefs, let it be said that a true Libertarian grants even neo-Nazis the right to express their beliefs. We accept the words of Thomas Jefferson in his First Inaugural Address (Mar. 4, 1801): "If there be any among us who would wish to dissolve this Union or to change its republican form, let them stand undisturbed as monuments of the safety with which error of opinion may be tolerated where reason is left free to combat it." A similar idea was expressed by Chief Justice Holmes in ABRAMS V UNITED STATES, 250 U.S. 616 (1930): "When men have realized that time has upset many fighting faiths, they may come to believe more than they believe the very foundations of their own conduct that the ultimate good desired is better reached by free trade in ideas--that the best test of truth is the power of the thought to get itself accepted in the competition of the market, and that truth is the only ground upon which their wishes safely may be carried out. That at any rate is the theory of our Consti- tution." But let's return from mere censure to censorship in America. And what might be the most pernicious aspect of covert censorship is the fact that it happens every day, in virtually every news organization in the country. Let me give you an example. CENSORSHIP BY GATEKEEPERS Let's consider for a moment the organizational structure of a newspaper--or television news program, which has been my per- sonal experience. Titles and duties may vary slightly from one company to another, but a general pattern holds true for all. At the top of the chain of command is "the big boss"--the publisher of a newspaper, or the news director of a television station. The boss is the one who sets general policies which his subordinates follow--or get fired. If the boss sets a policy of "action news" with lots of sensational footage of fires, crime scenes, and emotional report- ing, that's what the readers or audience will get. If they don't like it, they buy another paper or look at another channel. Below the big boss may be a number of producers in charge of particular segments of a TV newscast, or feature sections in a newspaper, with perhaps several subordinates to supervise complex stories in detail. These lesser executives must follow policies set from above, and may have attained their positions by the so- called "Peter Principle"--defined as promotion to the level of one's incompetence, where one stays for the rest of one's career. And at the bottom of the chain of command is the young apprentice "learning the ropes", whose main job is to open the pile of mail that arrives every day addressed merely to "news", and decide who gets it. Many of these mailings are "junk" publi- city releases offering "video opportunities" of exhibitions, etc.; news of public demonstrations; plaintive letters seeking help with legal or social problems; and/or "crank" letters such as the "Unabomber" manifestos which were suppressed by the media on grounds of "journalistic responsibility" (more on this later). So it should be no surprise that a mailing of a news release to nearly 40 media organizations elicited no interest or reaction whatsoever. Imagine, if you will, a young man or woman, perhaps a functional illiterate (translation: U.S. public high school graduate), or just out of college, opening a stack of envelopes stuffed with mostly low-interest material. He/she sees a release headed THE REVOLUTIONARY RIGHT--quickly sees that somebody tried to prove that Social Security is unconstitutional--had no lawyer --lost his case--and now argues that the Judges are crooked. "Wow!" might be the response. "What a bunch of crackpots!" The release may be posted on a bulletin board as an "inside joke", or simply tossed in the wastebasket. Score: zero. What has happened? The person opening the mail is what is called "a gatekeeper", whose job is to decide who shall be let in and who shall be kept out. Even if an off-beat news release were to be handed over to some higher-up, the response of that person would most likely be a laugh and a brush-off--another gate-keeper at work. In short, there are many levels of decision-making prior to having the story considered by the TV producer, and at any of those levels a gatekeeper who is ignorant or prejudiced may arbitarily say "no". The result is covert censorship. CENSORSHIP AS EDITORIAL POLICY A moment ago I mentioned "Unabomber", whose manifestos mailed to major newspapers were never printed--the purported reason being "editorial responsibility" not to encourage other "cranks" from so-called "copycat" crimes. Because the trial of a suspect alleged to be "Unabomber" has yet to take place, I shall confine my remarks to the irrelevant and unactionable matter of whether the suspect was in fact the person who wrote the letter published by the New York Times, et al. 1) the manifestos were obviously written by a highly- educated man of strong but unorthodox political beliefs; 2) the nature of "Unabomber's" crimes and the messages he sent to police show distinctive personality traits, which made up an FBI psychological "profile" used in the most massive manhunt in recent times; 3) the obvious inference one must inescapably draw is that, unless "Unabomber" were a complete "loner"--without any family or friends--publication of judiciously-edited "Unabomber" communi- ques, together with comments from police and psychiatric experts, (a) would certainly have had genuine news value; and (b) might help apprehend him by alerting the nation to persons known or suspected to fit the official profile; 4) in short, newspapers having first-hand communications from the alleged "Unabomber" might have performed a public service by speeding his identification and capture. In fact, when the New York Times relented its "hard line" policy on the "Unabomber" documents, and published lengthy portions verbatim, they were read by millions of concerned Americans--one of whom believed he recognized his brother's style and subject matter. And while these remarks might be credited to 20/20 hindsight, any competent newsman should have had enough foresight to anticipate such a possibility. CENSORSHIP AS A FACTOR IN PROPAGANDA While the New York Times and other papers might have defen- ded their suppression of "Unabomber's" communications as "jour- nalistic responsibility" (an example of the glittering generality which is vague and undefined), it seems realistic to believe simply that the newspapers (justifiably) did not like "Unabomber" and what he was allegedly doing, and therefore refused to publish his "defense". But from any objective viewpoint, the end result was that a major news story was only partially presented--because the whole story wasn't "fit to print", perhaps. Which introduces the obvious fact that newspapers take sides on political issues, endorsing certain candidates and favoring their own choices. There are two local newspapers where I live-- one overtly Democratic, and one leaning toward the Republican party --with distinctively different styles. If one writes a letter to the editor of either paper, it may or may not be published--entirely at the editor's discretion. And the usual "free enterprise" response of journalists to critics of editorial fairness seems to be, "it's our newspaper, and freedom of the press means we can print what we want. Start your own newspaper if you don't like it." All well and good as rhetoric--but the bottom line is that no press is truly fair unless all viewpoints have at least some degree of access to it. Radio and television, however, are electronic media, and "fairness" appears to be more of a concern. FAIRNESS IN BROADCAST NEWS It is my observation that radio and television do a fairer job of reporting political news than print media--meaning main- stream newspapers--and there is a very good reason for this to be true. Newspapers have been around for centuries, but wireless transmission of actual sounds (as opposed to Morse code) is less than eighty years old. And because the new technology depended upon the nature of radio waves to cross geographical/political boundaries, it was almost immediately seen to fall within Federal jurisdiction, as a form of interstate commerce. So, the Federal Radio Commission (FRC) was promptly created by Congress to regu- late the new industry--which was initially chaotic, with stations changing their power and frequencies at will, and interfering with each other's signals. In a few years the FRC became the FCC so as to include interstate telephones and point-to-point radio as well. Besides regulating the engineering aspects of broadcasting, the FCC was authorized to guarantee fairness in political news coverage, by Section 315 of the Communications Act of 1934. This law provides that if a broadcaster sells time to any candidate for any public office, the same broadcaster must also sell an equal amount of time, at the same price, in an equivalent time period, to each and every other candidate for the same office-- with a special provision prohibiting censorship of a candidate's speech. Newspapers, of course, are not subject to such requirements, simply because no license is required to establish a newspaper. The power of the FCC to enforce Section 315 lies in its power to deny license renewal if a station seriously violates FCC rules. Therefore, broadcasters have grown up with a long tradition of presenting both sides of a political debate--and once a habit is ingrained, it naturally tends toward a "domino effect" in terms of other news presentations. Thus when a suspect is arres- ted and charged with a crime, most stations try to get the sus- pect's side of the story, although any denials of guilt are usually made only by the suspect's lawyer, in Court. Similarly, when a demonstration in favor of some political cause is involved (such as abortion), most stations make a con- scientious effort to present all viewpoints in a balanced manner. In addition, newspapers take editorial stands daily, while radio and television editorials are relatively few and far between-- inviting viewer rebuttals--and are rather bland to begin with. It should be noted that in the Clinton/Dole campaign the face-to-face debates between the two major candidates excluded all minor candidates--including Ross Perot, the Libertarian candidate, the SWP candidate, and so on. But this exclusion was not the decision of broadcast officials--it was made by the political organization arranging the debates, which was subject to no fairness doctrine. Clearly the exclusion of all minority candidates was prejudicial, and a form of censorship, but net- works were able to broadcast only what the debate panel chose to permit. * * * * * * * * * * * * * * * * * * * * CENSORSHIP ON INTERNET * * * * * * * * * * * * * * * * * * * * INTRODUCTION This article consolidates and updates facts and opinions which were first presented in four postings during a heated controversy over censorship of my writings by my Internet Service Provider. I presume that readers of this article are familiar with my dispute with--and disuserment by--Mindspring, so that no further explanation is necessary here. PURPOSE Now that the fire of emotions has cooled somewhat, I should like to restate the facts calmly and objectively, in the hope of finding a remedy to prevent any similar incident, which I view as an unacceptable infringement of freedom of speech. To find a remedy one must first define the problem narrowly and precisely--and then suggest a narrow and precise solution. INTERNET AND FREEDOM OF SPEECH It should not need restating that Internet began as a net- work among government agencies and universities--where academic freedom is a topic of perennial concern. The right of college professors and students to discuss ANY controversial subject is a sine qua non which is zealously and properly defended by academi- cians worldwide. By virtue of its academic tradition, Internet is still seen as one forum in which a writer may offer opinions which are INTENDED to be thought-provoking--or perhaps merely provoking. Freedom of speech includes freedom of subject matter and style of presentation--there are no taboos, provided that the treatment given any subject is within broad limits of the right to disagree on INTELLECTUAL grounds. Therefore Internet must be receptive to journalistic writing intended for easy understanding by laymen, as well as scholarly writing on erudite theories for learned readers. JUSTIFIABLE CENSORSHIP It is, I believe, universally accepted that Ponzi schemes are not defensible as "free speech". Ponzi schemes, more com- monly known as chain letters or pyramid schemes, are NOT "spam" --they are criminal offenses in virtually every state, on grounds of fraud. Chain letters may not legally be sent by snail mail, and there is no viable argument that they may be sent electronically. Should a member of Internet transmit a chain letter, or an adver- tisement for a chain letter, instant disuserment of that member is a proper punishment for the crime. But what is usually called "spam" is NOT actionable as a crime and, unfortunately for advocates of free speech, in any case of alleged "spamming" the censor becomes the complaining witness, prosecuting attorney, judge, and executioner rolled into one--with no court of appeal. The facts will show that "spam" is a vague and imprecise term, having no uniform definition or enforcement--both of which may vary from one ISP to another. FACTS IN THE DISPUTE I bought my (first) computer, and joined Internet in August of 1996 through Mindspring, an ISP which deserves the highest ratings for technical facilities, software programs, support personnel, and integrity in EVERY way--except ONE. Mindspring, which is based in Atlanta, has a censor, who justifies her work by arguing that she is preventing "abuse" of Internet newsgroup-- namely, "spamming". From August of 1996 to January of 1997 I posted a total of six excerpts from a projected book called THE REVOLUTIONARY RIGHT. The excerpts were posted on a wide range of newsgroups devoted to various economic, political and social problems-- running the gamut of party affiliations--in the hope of stimula- ting intellectual debate among concerned Americans of a Liberta- rian viewpoint on Social Security, political/judicial corruption, and the right-wing armed militias which are very much in the news these days. The relevant alt hierarchies available through my present ISP include 58 newsgroups devoted in general to such broad subjects, and I felt that my excerpts would be appropriate on about 25--or less than half. My assumption was that Democrats would not be likely to read Republican newsgroups and vice-versa, and that many readers would be interested in only one predominant theme rather than all of them. Hence, because the Clinton/Dole fiasco of last November was treated in the first excerpt, I included alt.politics.clinton in follow-up articles, as well as alt.politics.economics, and so on. While some omniverous readers like myself might peruse thirty news groups, I felt that most readers might limit their interests to perhaps ten or less. On January 27 I posted a seventh excerpt, entitled OUR LUNATIC WAR ON DRUGS, which deals with the pandemic problems of drug abuse and drug laws. I submit as self-evident that this subject affects virtually all citizens of all ages and callings, and--because it is a "hot topic" for discussion by everyone interested in current events and controversies--I added a few groups to my posting list, so as to include three devoted to talk and college radio, as well as one to alt.drugs (for the first time). The total number of groups in the disputed posting was thirty-three. This posting was interrupted by Mindspring and my access to newsgroups as a writer was electronically blocked. Subsequently Mindspring deleted the article from at least one newsgroup, and ordered its cancellation from some files in Deja News, the research and reference archives. The reason given: the article was "spam", as defined by the "abuse" authority at Mindspring. Those are the facts. Now let us define the problem, and try to agree on a solution. And to do this, I should like to first restate the arguments of the Mindspring censor, and then offer a rebuttal to each point, to show that the censor's arguments are without merit. ARGUMENT 1 Mindspring argues that newsgroups have a regional basis, and therefore that material which is "inappropriate" to a particular geographical region is "spam". The decision as to appropriate- ness is entirely at the discretion of the censor. REBUTTAL SOME newsgroups are regional, and input to them is sometimes restricted by those newsgroups themselves. For example, Mind- spring has its own newsgroups, available only to those with Mind- spring software. In a similar way, some newsgroups may limit themselves to members within a certain region (such as PA, PGH, et al.), and may or may not be accessible only by password or other screening mechanism. But the alt hierarchies of newsgroups are NOT regional--they are global in scope. I once posted an article before going to bed at 3:00 AM, and six hours later, when I woke up, that article had prompted a friendly reply from a reader in Italy. Since I posted to alt newsgroups EXCLUSIVELY, it cannot be held that material which is acceptable worldwide is unacceptable in Atlanta--even though some Atlantans might not like my subject or its treatment. After all, the title of any article gives a clue as to what it is about, and no one is compelled to read it. ARGUMENT 2 Mindspring argues that newsgroups have a narrow and precise area of interest, and that articles remote from that special field are "spam". REBUTTAL It is true that SOME newsgroups are narrow and specialized in scope. For example, many computer owners are interested in the subject of modems, and there is at least one newsgroup devo- ted to the discussion of modem problems, etc. Obviously, an article on drug laws would be inappropriate on a modem newsgroup, just an article on modems would be totally inappropriate on alt.politics.clinton. But my postings were exclusively to newsgroups whose subject matter is by nature broad enough to welcome articles on govern- ment abuse in various ways--and so-called "sidebars" or "follow- ups" to prior timely and appropriate articles. Obviously, a "follow-up" is a continuation of a previous item to which new events have mandated significant revisions and/or additions. But if "sidebar" is a new term, it is "jour- nalese" for a minor story which is logically related to a major story, and which may be of at least passing interest to at least some readers of the first. For example, if Hillary Clinton makes a state visit to some foreign nation, major stories will be devoted to her speeches and actions--but sidebars may include her latest hair style or ward- robe. In a similar way, because my article on drug laws was posted on such groups as alt.drugs and alt.radio.college, the sidebar or follow-up story of censorship of the drug article was arguably of interest to those who found the first posting of interest. Ironically, Mindspring deleted OUR LUNATIC WAR ON DRUGS from alt.radio.college on Deja News--though in fact a college reader of that excerpt e-mailed me to ask for copies of the six prior articles in the series. It should be obvious that if one reader writes an author expressing interest, many others are also interested, but do not trouble themselves to communicate. Clearly, topics of broad and general interest may properly be posted on multiple newsgroups devoted to different aspects or viewpoints of the same subject of broad and general interest. ARGUMENT 3 Mindspring argues that posting to thirty-three newsgroups is excessive--to which I offer two points in rebuttal. REBUTTAL [NOTE: the following numbers are no longer accurate--there now being more than 29,000 newsgroups on "the web"--but I leave the figures and percentages as originally written. KB] (1) There are some 27,000 newsgroups currently operating, and 33 goes into 27,000 more than 800 times. Therefore, by basic arithmetic, I posted to less than one-eighth of one percent of all newsgroups. I was informed by one reader that in one "spamming" case of his knowledge, the offender had posted some 400 articles. If 400 be a precedent to define "spam", I posted to less than ten percent of the "spam" level. (2) "Excessive" is purely subjective. As noted above, SOME readers may choose to read only ten newsgroups--while others may have broader interests, and more free time to peruse thirty or more. Surely those of narrow interests should not be permitted to restrict the reading rights of those with broader interests. SUMMARY It is illogical to proceed from SOME to ALL. Because SOME newsgroups are geographically restricted--or specialized in terms of content--it does not follow that ALL are. I submit that the alt hierachies are global in circulation and must be available to all viewpoints as a matter of free speech. I further submit that my posting to less than half of those groups which focus on government abuse--political, economic, and societal problems of our world, etc.--is reasonable for an intel- lectual exchange of ideas on one of the most important legal and/or Constitutional issues on earth today. It is clear that Mindspring's definition of "spam" is vague, imprecise, and unfairly subjective. WHAT IS THE SOLUTION? I submit that if the foregoing points be clear and valid, the solution to the problem of "spam" becomes obvious. Namely, if "spam" is perceived as a problem on any news- group, and its curtailment becomes an imperative, said newsgroup should become a MODERATED group. All postings should first be received by the moderator, who should have clear and precise standards--and the authority to return a submitted article to the writer together with a copy of written guidelines for submis- sions. In this way, standards and policies will be UNIFORM for that newsgroup WORLDWIDE--they will not vary from from ISP to another --and no ISP will again be put in a position of supremacy over the right of free speech, which clearly an ISP does not merit. Even some of the alt.sex newsgroups, where blatant "spam" is notoriously bold in language and annoying in frequency, might opt to appoint moderators to enforce LIBERAL rules, simply to mini- mize the clutter on our "bulletin boards" which, after all, are a public forum rather like the one used by Martin Luther. Luther nailed his theses inaugurating the Reformation to the door of the cathedral at Wuertemburg with the remark, "Hier stehe ich--ich kann nicht anders (Here I stand--I cannot do otherwise)". I submit that if a contemporary writer wishes to nail intellectual arguments to a dozen "bulletin boards" as substitutes for cathedral doors, he must have the same right as Martin Luther.