[Congressional Record Volume 152, Number 30 (Thursday, March 9, 2006)]
[Senate]
[Page S1954]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
ONLINE FREEDOM OF SPEECH ACT
Mr. FRIST. Mr. President, yesterday, I filed the Online Freedom of
Speech Act as an amendment to the lobbying reform bill.
This morning, the House Administration Committee will mark up
identical legislation. We expect the House to act as early as next week
to pass this vital protection of free speech.
Thomas Jefferson once quipped that, ``Advertisements contain the only
truths to be relied on in a newspaper.''
But despite his low opinion of the press, he also observed that,
``Were it left to me to decide whether we should have a government
without newspapers, or newspapers without a government, I should not
hesitate a moment to prefer the latter.''
From the earliest days of our Republic, freedom of speech and freedom
of the press--be they anonymous pamphlets, celebrated essays, or local
newspapers--were understood to be fundamental to the practice and
defense of liberty.
Without the ability to convey ideas, debate, dispute, and persuade,
we may never have fought for and achieved our independence.
Ordinary citizens--farmers, ministers, local shop owners--published
and circulated their views, often anonymously, to challenge the
conventional order and call their fellow citizens to action.
Indeed, as Boston University journalism professor Chris Daly points
out, ``What we think of as reporting--the pursuit, on a full time basis
of verifiable facts and verbatim quotations--was not a significant part
of journalism in the time of Thomas Jefferson and Thomas Paine. . . .
In historical terms, today's bloggers are much closer in spirit to the
Revolutionary-era pamphleteers.''
And today, it is bloggers whom we now have to protect.
There are some who, out of fear or shortsightedness, wish to restrict
the ability of our modern-day Thomas Paines to express political views
on the World Wide Web.
They seek to monitor and regulate political speech under the guise of
``campaign finance reform.'' They argue that unfettered political
expression on the Internet is dangerous, especially during the highly
charged election season.
Needless to say, I stand firmly against these efforts to hamstring
the Internet and squarely with the champions of free speech--whether
that expression takes place in the actual or virtual town square.
Free speech is the core of our first amendment. And the Internet
represents the most participatory form of mass speech in human history.
It is no accident that this technology was invented here in America.
Freedom of speech is encoded in our DNA. It is what allows us to be
uniquely curious, daring and innovative.
And it is no coincidence that Americans, steeped in the tradition of
inquiry and rebellion, would give flight to yet another revolution on
behalf of the principle we value most.
In an era where technology has made instant, unfiltered communication
possible, I believe that the Congress has a fundamental responsibility
to allow this new medium to flourish.
As an amateur blogger myself, and soon-to-be private citizen, I am
committed to ensuring that the extraordinary explosion of political
debate in the blogosphere is protected from meddling bureaucrats and
regulators in Washington, DC.
I commented on this very issue on my own blog last week. Free
political expression is not a narrow privilege but a fundamental right.
Back in April of 1999, when observers and commentators were only
beginning to glimpse the rich potential of the Internet, Rick Levine,
Christopher Locke, Doc Searls and David Weinberger posted the
``Cluetrain Manifesto.''
In it they said that, ``A powerful global conversation has begun.
Through the Internet, people are discovering and inventing new ways to
share relevant knowledge with blinding speed.''
Since then, the conversation has only grown.
While authoritarian regimes like Communist China struggle to control
the information crossing their borders, millions of private citizens,
typing away on their home computers, are engaged in millions of
discreet and overlapping conversations, exchanging information, and
circulating ideas.
As Americans, we should be on the side of this dazzling development.
As citizens of the 21st century, we should recognize we have no power
to stop it.
Brian Anderson of the Manhattan Institute points out that the Supreme
Court has extended free speech to include nude dancing, online
pornography, and cross burning.
It seems only reasonable that free speech should include the humble
act of posting a blog.
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