Library filtering and the law (fwd)

[Dianne L Parham]

From another list, which may be of interest to those not subscribed to 
both.  Dianne Parham, San Diego Public Library

---------- Forwarded message ----------
Date: Wed, 11 JUN 1997 19:13:41 -0700
From: Karen Coyle <kec at dla.ucop.edu>
To: Multiple recipients of list <publib at sunsite.berkeley.EDU>
Subject: Library filtering and the law

The California Library Association publication "California Libraries" of
June, 1997 carries an excellent article called: "Filtering the First
Amendment for Public Libraries: A Look at the Legal Landscape," by Mary
Minow, a former public librarian now attend Stanford's law school.

One thing that I think has been missing from our discussion of filtering is
an exact understanding of the legal position of libraries, both vis-a-vis
the First Amendment and also the legal criteria applied to materials that
are not given First Amendment protection.

You can find a copy of this article at:
         http://www.best.com/~tstms/filte.html

Another article by Minow covers an even more interesting legal issue for
libraries and filtering, and those are the state-level "child endangerment"
or "harmful to minors" laws. This article focusses on California law, but
should at least help librarians in other states know what kind of legal
rulings they might need to look for:
         http://www.best.com/~tstms/paper.html

I hear people make statements like: "Well, if it's against the law to sell
Playboy to minors, why should libraries be allowed to let them read it in
the library?" To begin with, depending on your jurisdiction, it may not be
against the law the sell Playboy to minors, though your local stores may
act as if they were the case (mainly to avoid the wrath of angry parents).
And, as Minow's paper.html shows, there are times when libraries may be
exceptions to laws that apply to other institutions.

I would love for there to be a place on the ALA Web site where laws from
each state are summarized. I realize that's a huge task, fraught with
problems of complexity, completeness and interpretation, but I still would
like to see it done. If any lawyers come in to your library and volunteer
some time, here's something you can give them to do!

kc