Free Speech on the Internet

Adopted by the 108^th Annual Convention of the

Central Conference of American Rabbis

June, 1997

Background

The Internet, a unique forum for political discourse, intellectual activity, and cultural

development, presents a quantum leap in technology. The nature of the Internet — which

provides people around the world with a low-cost method of communication and a

virtually limitless audience — has, in turn, sparked a debate relating to the transmission

of “indecent” and “offensive” material.

The Communications Decency Act of 1996 (CDA), passed by Congress and signed into

law by President Clinton, was largely a response to the growing outrage generated by the

distribution of “indecent” material via the Internet. Opponents of the CDA hold that the

statute is unconstitutional because of precedent forbidding the prohibition of protected

speech under the guise of protecting children. Proponents argue that the universal

accessibility of the Internet, replete with all forms of inciteful language and “offensive”

speech, demands monitoring.

The term “Internet” covers a variety of types of communication (such as e-mail and chat

rooms) and traditional standards of monitoring can apply to only some. Where the

internet is concerned, it is difficult to apply traditional standards for communication.

The Union of American Hebrew Congregations (UAHC) and the CCAR (CCAR) have

long advocated freedom of expression. In a 1961 resolution titled “A Threat to American

Liberties,” the UAHC expressed its belief that curtailing the right to organize and speak

out — no matter how controversial or offensive the speech might be — constitutes a

violation of civil liberties and endangers the democratic system. On the other hand, it is

inescapable that anti-Semitism, racism, and other types of hatred are being spread on the

Internet and that purveyors of such hatred are able to reach far broader audiences at

lower costs than ever before.

THEREFORE, the Commission on Social Action of Reform Judaism

Commends software programs such as SurfWatch and Cyber Patrol, which are designed

to control sexually-oriented materials (including those originating from foreign

countries), and service providers such as America Online, Prodigy, and the Microsoft

Network, which offer parental control devices free of charge to their members; and,

Reaffirms our commitment to freedom of expression — however unpopular or

controversial — and opposes government censorship of the Internet.

And Resolves To

Call on private Internet providers to monitor the content contained on the

websites which they host, and for the industry to continue the development of devices

which would permit parents to regulate the material available to their children;

Urge UAHC congregations to provide educational opportunities to help the public utilize

the Internet critically, noting the challenges of Holocaust denial, hate speech,

pornography, and other inaccurate or offensive messages that go unopposed on the

Internet;

Encourage development of curricular materials to educate students to be able to use the

web in a discriminating manner; and,

Commit ourselves to a further exploration of the ramifications of this new technology.