Mission Creep
First the Justice Department amended Regulation 2257 in a not-so-subtle attempt to bury legitimate sexual expression under a mountain of paperwork. Then, no longer content to focus on actual criminal conduct such as the production and distribution of child pornography, the FBI began staffing up its so-called Porn Squad to pursue purveyors of “obscene” content. Raids soon followed against Max Hardcore and an amateur porn site operator who dared highlight the carnage in Iraq. As I mentioned last year, this sort of mission creep is to be expected of the administration and its fundamentalist allies:
... Just remember that this time the Supreme Court hangs in the balance, and the current administration would like nothing more than to crack down on sites like this and the individual freedoms associated with it.
At the time some people didn’t believe me:
I really don’t think that President Bush even knows or cares about this website. There is still the first amendment that protects what you say. I just think that the President has better (and harder) thing to take care of, like terrorism, the economy, the environment, and social security.
In my response, I predicted exactly what would happen:
I’ve done my homework. The first amendment does not protect obscenity, as defined by nebulous community standards. The justice department has been staffing up to go after all manner of “obscene†content. Then there’s legislation like COPA, which is more likely to survive challenges under a more conservative supreme court.
What we’re witnessing here are the opening skirmishes in a war on something much larger than pornography. By going after speech very few will openly defend, American fundamentalists are hoping to lay the legislative and judicial groundwork for a sweeping assault upon liberties most of us take for granted. Like, say, watching a racy television series or listening to music that contains offensive lyrics. Their vision of a child-safe world is, ironically, quite dangerous to adults.
Even assuming these indictments don’t survive judicial scrutiny, the simple threat of prosecution has a chilling effect upon free expression. The fundamentalists merely have to make enough noise to intimidate ISPs, web service providers, movie studios, cable networks, publishers, music labels and video game developers into backing away from controversial content. They only have to win a few small battles; to chip away, bit by bit, at the margins of protected speech. By the time the extremists come for the things you like the machinery of oppression will already be in place.
Although reasonable people, including those charged with enforcing the law, might balk at this waste of law enforcement resources, precious few organizations are gearing up for a fight. Regulation 2257 went relatively unnoticed. Porn prosecutions fall within the realm of obscure industry news. Apparently liberty does not in fact die to the sound of thunderous applause. No, when liberty dies you can hear a pin drop.
Now, alas, the written word is enough to earn you a visit from the G-Men. When they finally get around to raiding NLP headquarters I’ll simply direct them toward my bookshelf, where they’ll find tales of incest, sadism, rape, molestation, multi-partnered sex, pederasty, bestiality and coprophilia, among other depravities—and that only covers the great classics of Western literature.
At least I’m in good company.
More: America | Law | Fundies | 2257 | Obscenity | Pornography. Fascism
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Leslie | Oct 12, 08:06 PM | #
First let me say that I’m moved by your piece.Most people don’t want to be controlled, yet they do nothing while they’re treated like children who need their hands held. The government takes away one right after another while pretending to be protecting us. I might be wrong, but I imagine that anyone who is happy about these controls being strategically placed really has alterior motives; the idea of wiping out the impurities isn’t exactly an innocent proposal.
Or perhaps it would take too much responsibility to have to think about what’s happening around them when they’re not being immediately affected. At least they’re still able to pay rent and enjoy various choice material possessions.
I can’t say that I’m innocent in this because I haven’t even begun to fight and I’m afraid that I’m not really sure how to fight. I just know that something is not right at all.
“They only have to win a few small battles; to chip away, bit by bit, at the margins of protected speech. By the time the extremists come for the things you like the machinery of oppression will already be in place.” It seems like we never really accomplished much in the war for freedom if the rights that were fought for can be taken away so easily. So tell me, where do I sign up? Let me join you in the fight for freedom.
Prospero | Oct 12, 10:45 PM | #
The big picture is the important thing, of course. However, I find the smaller scale just an interesting… and depressing. I have a sex blog. I also have a pseudonym, because I have a family and a career and… Guess how many more FBI raids on innocuous sites it will take before I close the doors and walk away?Leslie | Oct 13, 08:32 AM | #
Prospero,Well yes, the smaller scale does make me worry too. In fact that was the first thing I thought of when I learned about the Regulation 2257. I’m guessing (tell me if I’m wrong, I don’t actually know how important your blog is to you) that with your pseudonym and your career, you’re set up to walk away more easily.
All our names here on this site are pseudonyms too, just as for many blogs, yet, there are some for whom their blog has become their career. For them, it’s not such an easy decision to walk away.
What makes me mad on the smaller scale is that it sounds like I’m supposed to be ashamed for being a part of this kind of blog. And yes, if we had to be faced with the option to close the doors or find some remote place from where to run things, well that’s not such a great feeling either.
Prospero | Oct 13, 01:54 PM | #
“First they came for the Jews…” You know the quote. I’m particularly saddened by this, sensitive to this. I’m not ashamed of my blog and of what I’ve posted there. I am ashamed that I’m in no position to speak out and stand my ground, for me and for everyone else. It won’t be an easy decision to walk away from my blog, but I can.But then what? Who is going to fight this and how do I support them?
byrd | Oct 13, 04:42 PM | #
That’s how the big rights go—a little bit here, a little bit there. No single step enough to get everyone up in arms, but added together…but they rarely are added together because we get used to the last right infringement before the next one comes along (and often forget it once was a right), or this one affects us, but the next one effects someone else.PG-13 practically killed the R movie. Who can object to bans on child porn? So let’s expand the deifnition of child porn. How about we threaten legal action against shoe-string practitioners even if we can’t actually arrest them—many will conclude it isn’t worth the risk and fold shop (the chilling effect you mentioned).
The only piece of optimism I can hold to is that these things don’t go in a straight line, more like they’re tied to a pendulum. The nannies and the fundies get strong for a while, then they get weak, then they get strong again, and so on. That’s one lesson of history.
Unfortunately, right now they’re getting strong. We can (and will) restore our rights. But I don’t know when. And it will probably get worse before it gets better.
MrManicDepressive | Oct 13, 04:58 PM | #
I’m finding it harder and harder to believe that we, as Americans, have become such dull sheep that we cannot think for ourselves. I liken the current administration to the Nazi’s in Germany in the late 30’s to early 40’s. Pass some legislation here, jail some people there and Voila! you’ve got total control. I’m reminded of this little passage:“First they came for the Jews
and I did not speak out
because I was not a Jew.
Then they came for the Communists
and I did not speak out
because I was not a Communist.
Then they came for the trade unionists
and I did not speak out
because I was not a trade unionist.
Then they came for me
and there was no one left
to speak out for me.”
– Pastor Martin Niemöller –
How much longer can we Americans continue to hide our heads in the sand? It won’t be too much of a stretch to find that we have a Christian version of a Taliban controlled state.