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Friday, May 15, 2009
David Harsanyi :: Townhall.com Columnist
Hookers Over Censors
by David Harsanyi
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The first case of prostitution probably dates back to the Paleolithic era, and the last instance of quid pro sexus most likely will take place whenever it is that human civilization finally expires.

The mere existence of crime is not ample justification to ignore it, of course, but most of us would concede that banning ads from the "erotic services" section of Craigslist will bring only a negligible change in the bottom line in harlotry.

So the crusade by 40 state attorney generals and other opportunistic politicians to control language on Craigslist -- and social networking sites, such as MySpace -- will have only long-term implications for free speech on the Internet.

The keyed-up moralistic campaign to force Craigslist to eliminate "erotic service" listings began in earnest when a Boston University student named Philip Markoff allegedly murdered a masseuse named Julissa after the two met on Craigslist.

This crime provided the opportunity for a number of state officials not only to imply that the site was generating criminal behavior but also to dictate what is permissible speech on the site.

Craigslist finally surrendered to the mounting pressure and will begin manual screening of an "adult" section and ban any "ads suggesting or implying an exchange of sexual favors for money … pornographic images, or images suggestive of an offer of sexual favors."

Obviously, it is the right of Craigslist to monitor content. But just as obviously, this change in policy was precipitated by the force and threats of government. Now merely "implying" illegal behavior or having participants meet on a site and later engage in illegal behavior is enough for attorney generals to threaten legal action. And what exactly did this victory over Craigslist accomplish?

Even if you don't believe, as I do, that consenting adults should be able to engage in any sexual relationship (even ones involving cash payouts) without interference, you probably still could concede that prostitutes meeting their johns online rather than on street corners is safer for them and healthier for all of us.

Moreover, about 20 million pages are viewed on Craigslist every month. The number of criminal incidents springing from activity on the site is miniscule -- or, I suspect, percentagewise, comparable to how many crimes stem from telephone calls, texting or smoke signals.

Finally, does any reasonable person believe that a murderer or pedophile will be dissuaded from his calling by this new policy?

Nevertheless, attempts to control Internet speech (in the end, impossible) are picking up pace.

Take, for instance, the 2006 tragic suicide of Megan Meier, who killed herself after being harassed on MySpace. It has led to a frightening attempt to crack down on speech. The Megan Meier Cyberbullying Prevention Act was introduced in the House of Representatives last month by Rep. Linda Sanchez, D-Calif.

Exploiting the suicide of a young girl, this proposed law would punish anyone who "transmits … communication, with the intent to coerce, intimidate, harass, or cause substantial emotional distress to a person, using … email, instant messaging, blogs, websites, telephones, (or) text messages … to support severe, repeated, and hostile behavior."

Imagine the wide-ranging latitude law enforcement would have in applying a law that allows them to judge "intent" and discern what is "hostile" language online.

How many e-mails, comment sections and blogs would fall under this category? How easy would it be to use this law to threaten political opponents or stifle debate?

Now, however serious the problems of "cyberbullying" or prostitution happen to be -- and I believe they are wildly exaggerated -- it's attacks on free expression that should cause us emotional distress.

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About The Author
Excellent! Five stars!
Too many big government social conservatives ("big government" in that they wish for the government to limit freedom to enforce their personal beliefs -- laws against poker being a good example) are fast and loose with the facts. They seem to believe any lie is fine so long as it backs what they consider to be a good cause, and any amount of government is fine so long as it promoted their beliefs.

Check my blog -- http://poker.townhall.com/ -- for more.

Save Free Speach, Protect the Children
We do not need to protect adults from themselves.

Does anybody not believe that meeting a stranger at a motel in order to have sex for money or for free is potentially dangerous? Of course not.

But we do have to balance the rights of adults against the need to protect children from predators and perverts.

We should create new top-level domains (such as .sex) exclusively for adult content. It would then be easy to restrict children from those sites.

We also need to vigorously prosecute adults who prey upon minors. But don't censor my internet! How long before people decide Townhall fosters hate speech?

Weapons Grade Stupidity AND Tyranny
I agree David. This sets a dangerous precedent for government censors. It's bad enough they devout precious resources to something like prostitution, whereby making it illegal is what makes it dangerous, but to go so far as to start censoring the internet for 'potenial' crimes? That's scary. How much will it take before there mere act of hinting at a crime, albeit unintentially, will land you in trouble? The fact is nobody is putting a gun to someone's head and forcing them to make these ads, respond to them, or what not and there is no evidence they're doing any major harm. It's sick, but that's how Washington works.

Jack From VA
I completely agree. Both sides of the aisle are heading down a dangerous slope when we try to regulate speech like this. We're getting to the point where we are going to have a thought-police that can arrest you for expressing your opinion. I know we have these good intentions to protect the children, but that's how most of these tyrannical laws get started, then are quickly perverted to be used in ways that would shock us.

We are losing our freedoms. This has been a fairly gradual loss until recently, and now it's spiraling out of control. I'm afraid that one day, fairly soon, that we're going to wake up in communist china and not know how we got there.

Agree!
This is a free speech issue, plain and simple.

I'm suspicious
I tend to agree with Harsanyi that we should be moving towards legalizing prostitution. But the advertising of illegal business has never been considered protected by the 1st Amendment. My impression is that Craig's list takes money for its classifieds somewhere in the selling process, so I doubt they have much of a 1st Amendment case.

I would agree that this is not the kind of thing we should be prioritizing our crime resources on, but I don't think that as long as we can criminalize things like prostitution because it is commerce that a case can be made that we can't criminalize classifieds for prostitution.

The second case is more worrisome for the potential for abuse. But, in general, harassment is also not protected by the first amendment, and it is not clear why it would be just because it is on-line. Again this is likely bad law because the cases it applies are likely to be far fewer than the cases in which it can be abused. But, at least if defined carefully, that does not seem like a 1st amendment issue either.

This is not good
This is bad news for the television networks and law enforcement agencies. Where are they going to set up their hot little princess acting like she's a 13 year old, so they can do some hook n lure busts ?
I guess strutting police women half naked on the corners and streets replete with propositions, hotel rooms, and hidden cameras got boring. Perhaps the police just gave into their impulses once they were doused with sexy hot bodies after they invaded their turf. Let's face it, it sure seems like it, mr get the outlaws himself, billionaire boy, Spitzer, couldn't stop, could he...
They had better get to banning a million local telephone directory ads too- and in DC, it's a billion dollar industry for the pols, it brings in a lot of spendable tax reciepts - johns and janes buy things for their little trips, you know.
What a joke this is, a bad joke.
I agree that in all likelihood it's all about the big fat whoring pols screwing internet freedom, and it might protect their IP's from getting FBI traced as well... that's probably what happened - the sting was on and some bigshots in office got nailed lurking for tail - next thing you know the local leaders are on a crusade...
It's all good for the big power players. They probably have their own hidden sex trolling website, learned how to do it after Al Qaeda perps showed them.

Harsanyi is just another liberal
Whoa! Harsanyi should make clear that he's a liberal. I mean, all this 'free expression' stuff shows he's no conservative. Now it's time for me to tell you a story: Back in the day when a liberal Supreme Court was allowing all kinds of free expression, you know--sexually graphic art, sewing the American flag on the seat of your pants as a protest, black armbands in high school--you know, all that crazy 60s leftist stuff--real conservatives knew that the 1st Amendment has nothing whatever to do with such 'freedom of expression.' Liberal justices were just legislating from the bench again, and making one more contribution the moral decline of America.

Then along comes Harsanyi, as big a defender of free speech as Mario Savio (look him up) ever was. That's all right, as long as he doesn't fool anyone into thinking he's a conservative. I know, I know--he's a libertarian, but they're not conservatives either.

Our rights
Hey Joel:

Since when does sex equal "obscenity?" And since when does government tell me I have no right to free speech so long as the words are not deemed "political?" Utter tyranny.

reply to garageman
Like I said, the whole 'freedom of expression' doctrine is liberal to the core, created by the liberal, 'living Constitution' activists conservatives so dislike. Briefly, here's why there's nothing in the Constitution to support 'freedom of expression.' The Constitution left the powers of states and local governments intact to prohibit obscenity, prosecute slander and libel, and in general to exercise what law calls the 'police power,' which is the power of government (in the US, state and local government) to protect 'public safety, health, and morals.' Until the liberals of the Warren Court ruled differently, the police power was the legal basis for prosecuting obscenity violations, pornographers, etc.

So now you constitutionally illiterate, latter-day, uninformed conservatives come along with the same old liberal line--appalling, and pathetic.

If you want the strongest historical/constitutional treatment of this question see the eminent conservative legal scholar Walter Berns, "Freedom, Virtue, and the First Amendment" (LSU Press, 1957). He shows that the only 'speech' the 1st Amendment was intended to protect was 'political' speech, pertaining to the operations of government, broadly construed. But not artistic expression.

Sex, drugs, and the lottery
Hah, the "Megan Meier" law now. Politicians are quickly learning that naming any legislation after a dead middle class white girl will help a lot. Anyway, this law is a joke. Long live free speech, and long live an Internet free of government intervention.

Gambling, prositution and drugs are all sins indeed. Sins I myself avoid (especially prostitution, it's too expensive for something that's free). But we shouldn't be legislating laws against these things at a national level, and even at a state level I don't like the idea. If a given town want's to ban porn or casino's, let 'em, that's a community choice. Also, I detest the "make it legal and tax it" argument. How about we make it legal and... don't tax it?

As a side note, the terrible mother who victimized Megan Meier is a stupid monster of a woman. Maybe she should be prosecuted for manslaughter or harassing a child, but we shouldn't let statists use the oppertunity to further diminish the integrity of the First Ammendment.

Gestell
You're right, the conservative's were taking a statist position back in the 60's and 70's. It wasn't right then, but it's also not correct now when liberals do it. Freedom of expression has been challenged by liberals and conservatives.

Gestell:
"-he's a libertarian, but they're not conservatives either. "

*(***
Yes, but they will take away from conservative
votes. So more power to them.

Speaking as a liberal, I am happy that Craigslist is no longer allowing soliciting for
sexual activity on the site, whether willingly
or by coercion.

Actually, I opened up this column because the
title led me to believe it was going to be
about Ms. California.


Tammy............



......bless your little pointed head, you are an idiot.

Sex Workers, Sex Managers and Tuition
Hey David-

Since you favor legalized prostitution, I was wondering how you feel about legalized pimping?
Since a prostitute's peak earning years co-incide with the standard college years, wouldn't it make more sense if mom and dad sat their high school seniors down, way down, and discussed the pros and cons of going off to college (and going into debt) or going off to the whorehouse (just for a few years, you know, to save enough for tuition and a drug problem)?

No coercion, of course. Just consenting adults,
and almost adults, discussing what makes the most sense when you leave your soul out of the mix.

It's too late
We've been on the path of eroding Constitutional liberties for at least 100 years.

Over time, enough educators, intellectuals and journalists have accepted the worldview that the state should rule over the individual, so as to convice or educate enough people to accept that view as well.

This is a gradual process, almost geologic in its speed, but as surely as the silt settles to the bottom of the sea, so do these processes work.

And like a geologic process, there is inertia built up in the government, until it cannot be moved from its course without some cataclysm. Like a glacier, it moves inexorably on to its destination.

We're not going to be able to vote our way back to some ideal society based on a strict, literal interpreation of our Consititution. Rather, we're slouching along to the kind of society Anthony Burgess postulated in "A Clockwork Orange".
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