What's next in Washington?
More legislation likely, but Clinton may withdraw support
WASHINGTON (CNN) -- The Supreme Court's decision to reject
the Communications Decency Act has elicited whoops of joy
from free-speech advocates and dire warnings from anti-
pornography groups about children's access to smut over the
Internet.
But the fight over decency and free speech in cyberspace,
while greatly affected by the ruling, is far from
over. The Communications Decency Act conceivably could be
rewritten to address the court's objections while still
restricting the transmission of obscene or indecent material
across the Internet.
That would mean another fight in Congress, another decision
for the White House, and, perhaps, another court battle.
Will Congress try again?
Even with the retirement of the CDA's main Senate sponsor,
Nebraska Democrat James Exon, some members of Congress
have pledged to try to fashion a new
version of the CDA that would be more likely to stand up in
court. When the Supreme Court heard CDA arguments in March,
Senator Charles Grassley, R-Iowa, a staunch supporter of the
Act, told Pathfinder's Netly News that he was ready to try
again.
"How to do this I don't know," Grassley said. "But our
objective hasn't changed. Some way, somehow, we will have to
find a constitutional way of doing this for kids, protecting
them from porn the way we did for printed material."
Representative Bob Goodlatte, R-Virginia, another CDA
supporter, said he hopes the Supreme Court "will give the
Congress some very clear guidance" on how to proceed with
future legislation.
Whither the White house?
But the White House may be preparing to back away from its
previous support for using the long arm of the federal
government to restrict access to indecent material on the
Internet, according to a report in the June 16 issue of
the New York Times.
In anticipation of the Supreme Court's ruling, an
administration working group has been fashioning a new policy
that would leave the on-line world substantially self-
regulated, according to the Times.
A draft of the new policy states that "unnecessary regulation
or censorship could cripple the growth and diversity of the
Internet."
Clinton has not signed off on new policy
The Times reported President Bill Clinton has not signed off
on the self-regulation concept. But a draft position paper
outlining the new policy has been prepared for possible
announcement.
The group pushing for the change inside the White House is
reportedly led by adviser Ira Magaziner, architect of the
president's ill-fated health care reform plan during his
first term.
However, another administration official told the Times that
the work of Magaziner's group did not represent a policy
reversal. Rather, said the official, it was "prudent
planning" for a new policy in the wake of the court's ruling.
The new draft policy states that because filtering devices
are available to let parents limit what their children can
view, it is not necessary to extend content restrictions,
similar to radio or television, to the Internet, the Times
reported.