Distribution of Playboy in libraries (was RE: Boston...)

[Steven Benson]

To D. King and fellow list members:

This same question came up in PUBLIB about a month or two ago and I
advocated (to substantial disagreement) that there is no such law.  Since
then I have done a little more research and still maintain that there is no
such law - at least not in Texas.  The laws - federal & state - deal with
possession. display, or distribution of obscene material and Playboy is not
obscene by any valid legal definition or ruling to date.  I believe that
stores that display these signs are either following a local ordinance or
are simply stating THEIR company policy - most likely the later.  Libraries
& schools also have a defense not available to businesses.  To quote from
the Texas statutes (Penal Code  Sec. 43.24.):

        (c) It is a defense to prosecution under this section that:
              (1) the sale, distribution, or exhibition was by a person
having scientific, educational, governmental, or other similar
justification; or ...



>Ok - I have a question relating to this:
>I'm not familiar with the actual law on this, but - convenience stores,
>bookstores, video rental place, etc. all have signs displayed that read
>"18 and over only." I assume there's some type of law that says minors
>can't look at Playboy, etc.
>
>If there's some type of law already in place, what gives a library the
>legal right to allow minors to gaze at Playboy, when other types of
>businesses apparently don't have that right?
>
>Or is there really no law like that, and convenience/bookstores/etc. are
>simply afraid of lawsuits? 
>
>I'm not sure (that's why I'm asking :)...
>
>Opinions?
>
>
>		**************************************************
>			David King
>			Electronic Services Librarian
>			University of Southern Mississippi
>			dlking at ocean.st.usm.edu
>			http://ocean.st.usm.edu/~dlking/
>		**************************************************
>

Regards,
Steve Benson
Supervisor, Technical Services
Richardson Public Library   
Richardson, TX  75080
steve_benson at cor.gov
http://www.library.richardson.tx.us