6. Assume that there are numerous internet service providers (ISPs) doing busine
ID: 3817728 • Letter: 6
Question
6.
Assume that there are numerous internet service providers (ISPs) doing business in a
large city. Because of fierce competition, these ISPs advertise their businesses heavily.
One of the features that several ISPs provide is streamlined access to various
pornography sites for subscribing members of each ISP. These ISPs advertise to
members how to access the pornography sites, although the ISPs do not directly
advertise pornography or specific pornographic sites.
The city recently passed an ordinance that prohibits any advertising that informs
readers about how to access pornography over the Internet.
One of the ISPs, MediaNet, challenged the constitutionality of this city statute.
Discuss whether the statute is constitutional, and why or why not.
2-3 paragraphs
Explanation / Answer
the statute is by all means valid.
1) ISP's do not lose money if they stop advertising the means to access Pornography- directly. As ISP's make money not on people watching porn, but people subscribing to their services. People can still access the websites, and ISP's do not lose money.
2) The city has a right to curb any form of advertising which goes against the general public taste/morale. It can always be argued by the city, that the said pornographic sites also hosted child content etc.
3) moreover, the city is only against advertising porn access, but not banning these websites from ISP. So people can still access them. The ISP's business is not hurt.
4) The city can provide research, that porn addiction is real problem and thus this can also be termed as an action in public health and safety.
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