It's easy for a senator or a government official to blur the line between speech that's offensive and speech that lacks social value, yet in practice… - Mike Godwin

Leaving aside the issue of whether the comments about Arata and Branham were grounded in hostility toward their gender (rather than hostility toward them as individuals), it seemed clear that what the OCR wants to ban here is not "written conduct" but speech. By classifying it as "conduct," the OCR hoped to bypass the First Amendment's protections.

Striking a balance in favor of individual rights has always been the right decision for us and that it remains so even when technology gives us new ways to exercise those rights. Individual liberty has never weakened us; freedom of speech, enhanced by the Net, will only make us stronger.

I first became aware of this larger phenomenon in the wake of the bombing of a federal office building in Oklahoma City. In the days and weeks to follow, I got dozens of calls from the press asking me whether there was legislation pending to ban bomb information on the Net. [...] In reality, of course, the "Internet as threat" meme was generated and disseminated primarily by the press itself.