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Sexually Explicit Materials and the Internet
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Supplement to the BSOS NET Newsletter
November, 1997
The following materials were developed by Rodney Petersen
(J.D.), Coordinator of Policy and Ethics & Director of Project
NEThics for Academic Information Technology Services (aITs).
Project NEThics is an initiative of aITs with a mission of
ensuring responsible use of university computing resources
through policy enforcement and user education about the legal and
ethical implications of computer use.
Sexually Explicit Materials & The Internet
There has been much controversy and concern about the
availability of sexually explicit photographs, images, and
language on the Internet. Congress recently attempted to limit
minors access to indecent materials on the Internet, but the U.S.
Supreme Court recently declared those provisions of the
Communications Decency Act of 1997 unconstitutional.
In the campus environment, the concerns tend to center around:
1) distribution and access to Web sites and USENET newsgroups
that contain nudity, and 2) exposure to nudity on computer
monitors or printers in public labs or workspaces. The complex
application of appropriate laws and university policies result in
the following interpretations and procedures for our campus.
First, child pornography and obscenity are illegal under federal
and state law. Distribution or access to such materials in a
public facility, such as a computer lab or the workplace, is a
crime and violates campus policy.
Second, "pornography" or general nudity is considered protected
speech under the First Amendment of the U.S. Constitution.
However, the computer use guidelines state that university
"computing resources are provided to support the academic
research, instructional, and administrative objectives of the
university." Since the guidelines are applied in a content
neutral way, it would be inappropriate under the First Amendment
for the university to single out types of information that do not
conform to the intended uses of the resource.
Third, sexual harassment law and university policy forbids
"sexual . . . conduct that has the purpose or effect of
unreasonably interfering with an individual's academic or work
performance, or of creating an intimidating, hostile, or
offensive educational or working environment." Subjecting
unwilling individuals to the receipt or viewing of sexually
explicit materials from the Internet (or other sources) may
create a "sexually hostile environment" if the conduct is
sufficiently severe, persistent, or pervasive. However, the
application of the university's sexual harassment policy to these
situations will require a delicate balancing between the
prevailing standards of the First Amendment and the evolving
interpretations of sexual harassment law. In the interim,
education about sexual harassment, including notices about campus
procedures and resources, and prompt responses to complaints is
our best strategy for addressing the effects of Internet
pornography.
Finally, although Constitutional protections might preclude an
outright ban against sexually explicit materials, our educational
mission and ethical responsibilities would invite us to confront
or condemn inappropriate uses of technology. We should never
underestimate the value of moral suasion or example in our
efforts to help users of technology understand the impact of
their behavior upon others.
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Copyright © 1996-2002 Project NEThicssm, University of Maryland
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