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

[Donald Barclay]

Whether there is or is not a law, there is a difference.  Stores make
money selling <<Playboy>>.  Libraries don't make money providing Internet
access--at least they don't make money as a direct result of Internet
access.  And Internet access to <<Playboy>> is not the same as having
<<<Playboy>> sitting on a shelf with, at most, a few dozen other
magazines.  

Also, the important point is that if governments want to pass pornography
laws, they can hire people to enforce them.  They should not require
libraians or anybody else to act as unofficial deputies in the unwinable
war on smut.

Donald A. Barclay
Coordinator of Electronic Services    always the beautiful answer
University of Houston Libraries       who asks a more beautiful question
DBarclay at uh.edu                               --e.e. cummings

On Sun, 2 Mar 1997, Steven Benson wrote:

> 
> 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
>