Morality in Media receives many inquiries from the public requesting information about pornography and about sex, violence, or vulgarity in the mainstream entertainment media. The most frequent request for information involves the word, "censorship."

Censorship does exist in many countries. In totalitarian lands, newspapers and the broadcast media publish only what the government wants the public to know. However, with a few exceptions, censorship is unconstitutional in the United States. The word "censorship" is, as syndicated columnist Thomas Sowell put it, the most misused word in the English language.

The word "censorship" means prior restraint of First Amendment rights by government. Enforcement of the Federal or State obscenity laws is NOT censorship because, first of all, the government is exercising no prior restraint on the pornographers. The porn purveyors are free to publish whatever they want, but if what they distribute or exhibit is obscene, they are, after the fact, subject to prosecution under the obscenity laws.

Second, the U.S. Supreme Court has repeatedly held that obscenity is NOT a First Amendment right.

Too many members of the public are misled into believing that the First Amendment's "free speech" liberties cover everything that is written, spoken, or pictured. Not true. Here's a short list of actions that can be punished "after the fact" without violating the First Amendment:

• perjury
• libel
• contempt of court
• false advertising
• falsely shouting "Fire!" in a crowded theater
• copyright infringement
• using a loudspeaker at 3 a.m. in a residential neighborhood
• child pornography
• obscenity

There are a few exceptions to the illegality of censorship in the U.S. For example, the President, in his role as Commander-in-Chief, can legally censor news reports to protect national security. Also, the U.S. Supreme Court has written, "The security of the community life may be protected against incitements to acts of violence and the overthrow of the force of orderly government."

It is also important to remember that the First Amendment only restricts actions by the government, not by private citizens. A publisher, for example, has every right to choose which books to publish and which not to publish.

Here are some examples of what censorship is NOT:

• Government enforcement of the obscenity laws
• Citizens demonstrating in front of "adult" pornographic stores
• People protesting the sex, violence, and vulgarity on television
• Boycotts of stores that sell pornography
• A video store choosing not to sell or rent pornographic videos
• A newspaper refuses to permit ads for topless bars or "adult" theaters

One last word. Americans who are fighting against pornography and the declining standards on television are routinely called "censors" by the porn industry and its allies. It's a buzzword used to discredit, distract, and distort. IT'S A LIE!

We hope this explanation sets your mind straight. Don't hesitate to contact Morality in Media if you have any questions.

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