With the emergence
of the World Wide Web, global communication has accelerated on an unprecedented
scale. It seems impossible to comprehend all that has occurred since 1989,
when two inventions, the Uniform Resource Locator (URL) and HyperText Markup Language (HTML) made the first web browser possible. To put the explosive growth of the
Internet into perspective, Yahoo!
announced in August, 2005 that its search engine index now encompasses over 20
billion Web documents and images.
Riding the
wave of the new technology is "blogging." For the first time, almost anyone can
instantly publish and reach a global readership with minimal resources. It's
no longer necessary to publish paper-based media, or even manufacture discs, to
reach a vast audience. Blogs, (short for "web logs) allow people to convey thoughts,
opinions, histories, anecdotes, and political ideas to the world, unimpeded by time and
distance.
Any
observer of the blogging practice might note that the Internet is being rapidly
transformed into a virtual soapbox. With an instant, worldwide platform at our
command, profound questions concerning social responsibility, potential
malfeasance and the law are inescapable. Arguably, the quality of public
discourse exhibited on the web is not keeping pace with technological change.
Based on
our country's speech-supportive social history, one would think "virtual
soapbox" an apt characterization; Americans pride themselves on living in a
country that boasts a free press and a right to criticize their government,
both in speech and in writing. In a country where the First Amendment (freedom
of speech) is so close to the heart of our democracy, one would suspect that
blogs, seemingly
a new form of journalistic expression, would be welcomed with open legislative
arms.
However,
recent events have indicated that those legislative arms may be wrapped more
tightly than most Americans might have previously thought. Foremost among
current concerns is the Federal Election Commission's worry that blogs are
being used for a variety of speech forms and so do not always reach a journalistic
standard. In a recent California case one judge characterized blogs
as failing to qualify as journalism.
Bradley
Smith, Chairman of the FEC, has even suggested that the FEC take measures to
regulate political speech in blogs---an extending a 2002 campaign finance law
to the Internet. Smith has suggested that bloggers could soon invite federal
punishment if they improperly link to a campaign's web site.
To many,
suggestions that the FEC could in any way regulate political speech seem preposterous.
First Amendment doctrine routinely points to political speech and declares, "this
is the sort of speech we must carefully protect!" Perhaps even more
surprising, Congress has introduced the "Free Flow of Information Act," which
looks like it would limit protected categories almost exclusively to
pre-internet media. With legislation, there is always room for interpretation
and refinement, but at face value the Act appears at least somewhat
problematic.
So why is Washington shying away from blogging in favor
of more conventional channels of information? One reason is to try to protect
sources from exposure. This concern seems increasingly relevant in light of
the recent attacks on journalists. Yet, it would seem that the appropriate
remedy would be to prevent those attacks by creating more severe penalties for
the attackers, not to revamp the entire scheme of what is and is not granted
journalistic weight.
Some
experts speculate that these recent waves of change in America indicate a movement toward only
allowing professional writers to communicate information. Such a change is
dangerously speech suppressive because most professionals work for some entity
and so are subject to losing their jobs, meaning that their work will be
subject to the influence and so will be less objective than a private
individual's blog.
Yes, it
appears there are subtle whisperings of Brave New World type regulation
in the future of America's media. While such whisperings
may seem extreme, only time will tell whether or not they are unfounded. Today,
it seems that bloggers will continue to post until Congress legislates
otherwise. And if a day comes when Internet speech is indeed heavily
regulated, how will these independent voices face a new world of heightened
regulations? Why, bravely, of course.