Dear Friend:
 
Thank you for contacting me about S. 314, the Communications
Decency Act of 1995.  As you may know, the Senate Commerce     
Committee voted last month to incorporate a revised version of    
this bill in the omnibus telecommunications legislation approved  
by the committee and now awaiting action by the full Senate.
 
While the Communications Decency Act is well-intentioned, it is too
sweeping and threatens the First Amendment rights of those who use
computer networks.
 
The revision made by the committee would protect on-line providers
and commercial carriers from liability for content over which they
exercise no editorial control.  However, users of on-line services,
content providers, electronic publishers, and journalists still
face excessive restrictions on speech and private communications
under this legislation.
 
The constitutional right of free speech applies to electronic 
communications, just as it applies to written or spoken
communications.  The government may constitutionally limit material
that falls within the narrow definition of obscenity, but laws that
impose broader instructions are too sweeping to pass constitutional
muster.
 
Our country is rapidly entering a new information age. Through
computer networks, Americans enjoy increased access to government
documents, educational resources and the views of their fellow
citizens.  The free flow of information on these networks is
essential.  More effective methods than this legislation are
available to assist parents who are concerned that on-line material
may be offensive or inappropriate for children, and I support such
efforts.
 
The National Center for Missing and Exploited Children has 
produced a fine publication for parents and others who are 
concerned about these issues. This brochure, "Child Safety on the
Information Highway," was written by Lawrence J. Magid, a 
syndicated columnist for the Los Angeles Times who encourages
parents to take an active interest in the on-line activities of   
their children.  To obtain a copy of the brochure, you may  contact
the National Center for Missing & Exploited Children, 2101 Wilson
Blvd, Suite 550, Arlington, VA 22201-3052, or call 1-800-The-LOST
(1-800-843-5678).
 
Thank you again for contacting me on this important subject. I will
keep your views in mind as Congress considers this legislation in
the coming weeks.
 
 
Sincerely,
 
Edward M. Kennedy
United States Senator