No reason to restrict porn watching in residence halls
The UA should not attempt any restrictions on the viewing of pornography. As long as the material being viewed is not child pornography or legally obscene, it is protected by the First Amendment. The university is a state actor and is prevented from restricting access to protected speech without a compelling state interest and narrowly tailored suggested restrictions that fit that interest. Since the students are 17 or over, the default state interest of protecting minors from indecent material does not apply in this situation. Filtering software would cause even more First Amendment conflicts because the software is so inaccurate. The software has the problem of being both over-inclusive and under-inclusive. It blocks Web sites that do not contain any pornography, and yet still allows sites that do have pornography. Park Romney speaks of a "decent, law-abiding, high-class university," implying that this can only be achieved without access to pornography. However, there is nothing illegal about pornography, so long as it is not child pornography. Also, the university has had access to the Internet for many years now and it can be fairly assumed that the downloading of pornographic materials by students is not a new occurrence (nor is viewing pornography in any form, for that matter). Yet, even with all this activity, the university has not become an "indecent, law-questioning, low-class university," devoid of any morals or character.
[Read article]