Art School Runs Afoul of Facebook's Nudity Policy
This post is more of an open dialogue with myself about this issue, which the more I think about, the more it reveals itself to be quite complex. But I'll try not to get ahead of myself.
With FB, there IS a gray area because there are two conflicting "rights" here. Many have said that FB has the "right" to decide what they allow posted there and I agree. But we also have certain rights, which are discussed in The Bill of Rights: rights which are considered unalienable under the constitution... that is they are natural to the person (or entity) and are not simply tied to the land in which the person (or entity) resides. This is why FB, an entity residing on U.S soil, can exercise their rights on the open seas of the internet and why I can as well.
The specific rights in question are free speech and the right to access the same free market that others enjoy. But, there's a point where each party's rights, if given full reign, will inherently impinge on the rights of the other party. And the case here is that FB's right to decide has impinged on my right to speech and the free market.
"The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people."
If I'm not mistaken, this is largely upheld by international law.
(Interesting text on the 9th amendment)http://www.cato.org/pubs/s
The rights of a corporate entity (a non-person) should not supersede the rights of a person. Or if you prefer to look at it this way, I am a small business and Facebook is a huge business. Regardless, if either of us exercise the full extent of our rights, we will impinge on the rights of the other party.
Complicating this issue is that FB has become a near monopoly as social networks go. Yes, they have the best product and I'm not saying that they should be regulated. But the point is that it's become incredibly inconvenient for a business/institution to compete without using social networking. If I start my own website, or even use the many other websites that don't censor classical nude paintings, it will largely be a waste of time, because very few people will see my work. Therefore, it is not precisely a free market.
The answer for now, is that I hope FB will be more clear about the parameters and fairly enforce them. Maybe if we raise enough commotion they will take the hint. And it would be quite simple to address this problem with some kind of adult content filter similar to flickr. PROBLEM SOLVED. But, as of yet, nothing has changed, and the administrators of FB have given no signs that we should expect a change.