[LINK] The JJJ Interview Redux

Michael Lean m.lean@qut.edu.au
Tue, 01 Feb 2000 13:42:58 +1000


G'day Linkers,
Sorry to be raking over old coals so to speak, but there's a section of the 
JJJ interview that's interesting, and I don't think anyone on Link 
mentioned it:

>ALSTON:
>      Well, you see, the Americans were much more draconian in their 
> approach. They introduced the Communications Decency Act which did impose 
> strict
>      liability. Now, we've never wanted to go down that path because I 
> think it's inherently unfair. You can't hold someone responsible for 
> something they're
>      not aware of. They also have very different First Amendment 
> arrangements. I mean, basically freedom of speech can be defined any way 
> you like in the
>      US, so we don't have that.

Now, if it was the CDA that he's talking about, it might have been worth 
mentioning that the CDA was challenged on First Amendment grounds, and was 
withdrawn. It never passed into law. So what's that above? A half-truth, or 
just some more misinformation?
Cheers,
Mike