ACLU warns against subjective obscenity lawsuits affecting children's access to art and education

In a recent meeting of the Assembly Committee on State Affairs, members engaged in a heated discussion about the complexities of protecting children from inappropriate online content. The atmosphere was charged as representatives and advocates, including those from the ACLU, grappled with the implications of proposed legislation aimed at regulating access to certain websites.

One of the key points raised was the challenge of tailoring solutions to specific devices used by children. A representative highlighted the difficulty parents face in keeping up with the rapidly evolving technology that children use, noting that even the most diligent efforts at monitoring may not be enough to prevent kids from circumventing parental controls. “I think it’s absurd to see 5-year-olds walking around with a cell phone,” the representative remarked, emphasizing the need for a nuanced approach to device access based on age and maturity.

Concerns were also voiced about the potential for misuse of the proposed regulations. The ACLU representative warned that the legislation could lead to a slippery slope where individuals could file lawsuits based on their subjective interpretations of what constitutes obscenity. “Anyone can bring a lawsuit,” they cautioned, pointing out that this could create a chaotic environment where artistic, political, or educational content might be unfairly targeted. The representative drew parallels to ongoing debates about book bans in schools, where certain works are challenged based on selective interpretations of their content.

As the discussion unfolded, it became clear that the committee members were wrestling with the balance between protecting children and preserving freedom of expression. The complexity of defining what is considered harmful or obscene was underscored, with the ACLU representative noting that such determinations should not rest in the hands of individuals with varying perspectives on art and education.

The meeting concluded with a sense of urgency to find a solution that safeguards children while respecting the diverse views within the community. As Wisconsin lawmakers continue to navigate these challenging waters, the implications of their decisions will undoubtedly resonate far beyond the walls of the committee room, shaping the future of digital safety and freedom of expression in the state.