Dude: How Gingrich Saved Free Speech on the Web — And Pornography, Too

by Stephan Tawney on December 2, 2011

Dude. Keep in mind this is a far-left publication giving Gingrich credit for standing up for constitutional rights and private enterprise. Not some Gingrich-supporting outlet. Dude fought against internet censorship when Congress widely supported such a move, saving free speech on the net — and pornography, too.

With a few exceptions, the web was something of a foreign concept to Congress in 1995. (Gingrich, the lower chamber’s biggest web booster, didn’t even use email.) But the internet was quickly earning a reputation, especially on the right, as a den of immorality, awash in smut and sexual predators. Congressional leaders decided they needed the Communications Decency Act, which was folded into a must-pass Telecommunications bill.

“Barbarian pornographers are at the gate and they are using the internet to gain access to the youth of America,” warned Sen. Jim Exon (D-Neb.).

To fend off the barbarians, Exon introduced an amendment to the Communications Decency Act criminalizing the transmission of “indecent” materials over the internet. In case any stone remained unturned, it went after internet service providers as well: Email or distribute nude photos—or even just type one of the “seven words you can’t say on television”—and you could face a $100,000 fine or up to two years in prison.

This would have meant regulating the internet — an engine of free expression — in an overbroad, completely sterile fashion. Gingrich wasn’t going to stand for that. Despite the fact the measure received 86 votes in the Senate and going against it might have been political suicide, Gingrich stood up and against the measure.

To the House speaker, the debate presented a clash between his desire to prepare America for the 21st century and his conservative values. Gingrich, by his own description, was a “conservative futurist.” He envisioned honeymoons in space and laptops in every classroom; the Exon amendment, by casting such a wide net, threatened that future.

“[The amendment] is clearly a violation of free speech and it’s a violation of the right of adults to communicate with each other,” Gingrich said at the time. “I don’t agree with it…” In an interview with British journalist David Frost, he elaborated on his position. “I think there you have a perfect right on a noncensorship basis to intervene decisively against somebody who would prey upon children. And that I would support very intensely. It’s very different than trying to censor willing adults.”

Thanks to Gingrich’s vocal and prominent opposition (he was speaker of the House), the House crafted an alternative bill — one that focused on parental education initiatives (know what your kids are searching for) rather than punitive measures. And while the Senate version was in the final law, the Supreme Court struck it down as unconstitutional. That didn’t stop Gingrich’s fight:

Gingrich’s support for a hands-off approach set a precedent. Under his watch, the federal government opted against creating the equivalent of an FCC for the internet, helping it grow into what it is today. According to a report published last year by the IT security company Optenet, 37 percent of the internet consists of porn.

Something for younger people to keep in mind. Under Gingrich’s watch, the internet flourished. It remained a haven for free speech and expression, unregulated by federal bureaucrats seeking to infringe on constitutional rights.



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