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Subject: 
Re: What Censorship Isn't
Newsgroups: 
lugnet.off-topic.debate
Date: 
Fri, 13 Apr 2007 18:49:47 GMT
Viewed: 
3891 times
  
In lugnet.off-topic.debate, Timothy Gould wrote:

  
   You’re attempting to compare two very different things:

1. An interactive forum in which participants communicate with each other through the medium of the website and subject to the TOS

and

2. An information outlet in which the outlet alleges a responsibility to provide information in an unaltered fashion

Actually it doesn’t have any such responsibility.

I think that you misread me. I was referring to such an outlet that does allege that responsibility. I’m not referring to news outlets in general, which may or may not allege responsibility. Those seem to be two very different cases.

  
   It strikes me that there is a clear difference in intent and expectation between these two, so that the applicability of the term “censorship” must apply differently as well.

While I agree that intent can have an influence on censorship (eg. being physically unable to broadcast all news from every angle so having to choose what information you broadcast) it is not able to magic away censorship merely by arguing that the intent and expectation are the same.

Again, though, you’re stating that any private organization that doesn’t provide all information is censoring the rest. Does that seem tenable to you? If so, then I submit that you’re broadening the definition of censorship to such an extreme that it loses all useful meaning.

   Is a private school which refuses to teach, carry or mention Tom Sawyer (with the acceptance of the school’s parents) censoring the book?

Nope. Unless you feel that you have the power to require me (or any private citizen) to read all books and to receive all information, then it’s not censorship for a private school to omit a particular book or artwork or whatever.

   I’d like to see an analogy that does work (as I said before I don’t think there is one). The thoroughness of censorship does not, IMO, effect whether or not something is censorship, merely how effective the censorship is.

MTV (which is, I grant, hardly definitive) argued years ago that its choice to play a certain Cher video only after 9:00pm was not censorship because in so doing they were not eliminating all access to the (really lame) video but were instead a private entity choosing not to air it. FWIW, I think that they make an interesting case.

I’m looking for a good online source for a legal definition of censorship, but no real luck so far. Just about everything I find is a blog, so the search continues.

But my understanding is that the legal definition describes a restricton of information by a government agency, and that a restriction performed by a private entity simply doesn’t qualify as censorship. So maybe we should just pick a different word for it?

YMMV, of course.

  
   If murfling is accepted under the TOS of a privately-owned forum for interactive discussion, then it’s not censorship. It’s simple enforcement of contract.

   I don’t see that censorship as part of enforcement of contract is not censorship, it’s just a more acceptable form of censorship. I chose to accept an NDA, but it is still a form of censorship.

I mentioned in a previous post that I’m considering censorship to be performed contrary to the wishes of the information provider. Perhaps this is an overly narrow definition, but hey, at least I’m up front about it!

By this definition, voluntary submission to a TOS or NDA is not censorship.

Dave!



Message is in Reply To:
  Re: What Censorship Isn't
 
(...) Actually it doesn't have any such responsibility. It may be prudent to broadcast unaltered information (although it usually isn't, political slant is a good way to differentiate yourself from your competitors) but I'm willing to bet that if (...) (18 years ago, 13-Apr-07, to lugnet.off-topic.debate, FTX)

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