ELIZABETH FARNSWORTH: Cathy Cleaver of the Family Research Policy–Research Institute–coauthored a friend of the court brief in support of the Communications Decency Act on behalf of 26 members of Congress. And Jerry Berman of the Center for Democracy and Technology organized the coalition opposing the act, including online service providers, newspaper editors, and libraries. Thanks for being with us. Jerry, are you satisfied with this ruling?
JERRY BERMAN, Center for Democracy and Technology: We have to be satisfied. There’s a fundamental victory for free speech, for the Internet, and for Internet users. It is the bill of rights for the Internet and for the medium in the 21st century. What is incredible is that all nine justices said this was a new medium, not to be treated like radio, not to be treated like television. They’re saying it’s not pervasive; it doesn’t come into the home the way television does. The user goes to and picks their site. Contrary to your setup piece that says that this is easily available, the court found and we agree that you have to go places and pick sites and there are–many times they have warnings or they have identification.
The court also, I think, by giving such a clear ruling creates some breathing room for the Internet and allows us to focus on the real solutions. They point out that these technology solutions also mentioned in your setup piece, the blocking technologies, the Surf Watch, the Cyber Patrol, are less–more effective, less restrictive, and we think that they’re out there and that we should be really moved in that direction to give users, empower users to protect and enforce their own family values consistent with the First Amendment.
ELIZABETH FARNSWORTH: And, Cathy Cleaver, what’s your reaction to the court’s action?