CDA

[Burt, David]

 andrew mutch wrote:

>This argument clearly doesn't fly.  Following this line of reasoning,
my
>library could institute a filtering program which filters out
conspiracy
>theory sites, or gay/lesbian sites, or anti-government sites and
because
>this material may not be available in the library, it would be OK.  I
>think all of us would recognize that a library that instituted this
kind
>of system would be engaging in a deliberate act of censorship.  Of
>course, because we are talking about "pornography", suddenly the rules
>change, and it becomes OK.

While I don't think too many librarians would censor the gay/lesbian
sites, many would the "off the wall" stuff we *wouldn't* have in a
public library.  Let's be careful not to confuse "Doesn't have in the
library" with "Wouldn't have in the library": two vastly different
things.  I am not afraid to extend my arguments to their logical
conclusions: Librarians should feel free to filter out all kinds of
other stuff inconsistent with its mission, say conspiracy buff
newsletters, tabloids, "mayhem manuals", etc.  Also, librarians should
feel free to filter out "junk sites": pictures of Ted & Sally's wedding,
etc.

>BTW, Justice O'Connor addressed this issue in Reno v. ACLU by noting
>that:
>"...Our cases make clear that a "zoning" law is valid only if adults
are
>still able to obtain the regulated speech. If they cannot, the law does
>more than simply keep children
>away from speech they have no right to obtain?it interferes with the
r>ights of adults to obtain constitutionally protected speech and
effectively "reduce[s] >theadult population . . . to reading only what
is fit for children." Butler v. Michigan, 352

She was referring to the general existence of such material, not its
availability in libraries.  Zoning laws for adult book stores allow
adults to obtain "regulated speech", but  how can  that be construed to
mean "adult magazines must be made available in libraries"?

Again, if you view web sites as not having been individually selected,
not having been acquired by the library, questions about the legality of
the material are essentially irrelevant.


  ***********************************************************
          David Burt, Information Technology Librarian 
          The Lake Oswego Public Library 
          706 Fourth Street, Lake Oswego, OR 97034
          URL:          http://www.ci.oswego.or.us/library/library.htm
          Phone:     (503) 675-2537 
          Fax:           (503) 635-4171 
          E-mail:      dburt at ci.oswego.or.us