Law Journal Extra Article
Filtering Facts
David_Burt at filteringfacts.org
Fri Oct 3 00:55:41 EDT 1997
I'm quoted again, this time in Law Journal Extra. Although they got my name
as "Burt Davis", I really liked this part: "But supporters of screening
software -- a group that includes a vocal contingent of librarians". Yeah!
The media is finally starting to catch on that there are vocal pro-filtering
librarians out there!
(http://www.ljx.com/LJXfiles/libraryfilter.html)
Internet Filtering Faces the
First Amendment
Legal Battles Arise as Communities Seek to
Curtail Library Online Access
Law Journal EXTRA!
September 29, 1997
By Joanna Glasner
In the wake of the vanquished Communications
Decency Act, a new First Amendment battle is taking
shape at libraries nationwide.
This time, however, the fight is not about what material
can be posted on the Internet. Instead, civil rights
advocacy groups, library boards and city councils are
squaring off to determine who will have access to the
uncensored electronic feed.
Although, according to ACLU attorney Ann Brick, no
lawsuits have been filed yet, disputes in cities and small
towns have drawn increasing attention on the legal
controversy surrounding public libraries' use of Internet
filtering software.
Filtering advocates say the software serves to protect
children by limiting access to violent or pornographic
materials. Opponents argue that even limited use of
blocking software by public libraries violates First
Amendment rights.
"Putting filtering software on the computers with
Internet access that young people have access to
presumes that young people do not have First
Amendment rights," Brick said, summarizing the
ACLU's stance on the issue. The position is supported
by the American Library Association, which argues that
only parents can be responsible for curtailing Internet
access.
But supporters of screening software -- a group that
includes a vocal contingent of librarians --- say their
opponents are overstating the issue by turning filtering
into a freedom of information dispute.
"If you're going to have material that's really grossly
inappropriate for children, the library does need to step
in loco parentis," said Burt Davis, President of Filtering
Facts, a librarian group that advocates for Internet
screening policies.
Recently, the debate focused on city council proposals
in California and Texas to install library computers that
filter material deemed inappropriate for minors. But
policy decisions offered little consensus on how the
debate will shape up in months to come.
In San Jose, California, city council members voted
down a proposal to section off Internet zones with
filtering software at local libraries. The plan, which
would have provided unfiltered Internet stations to
adults but restricted access for children, drew fire from
ACLU attorneys.
A more extensive filtering proposal fared better in
Coppell, Texas. Board members there passed a policy
to equip all computers at a local library with screening
software. ACLU attorneys are watching similar policies
in other states.
Whether the issue will be resolved in the courtroom or
the community board, however, is unclear. Filtering
advocates point to the concurring opinion of Sandra
Day O'Connor in Reno v. ACLU, which maintains that
"the creation of 'adult zones' is by no means a novel
concept." O'Connor notes that "states have long denied
minors access to certain establishments."
Brick, however, warns that filtering can also
inadvertently block out sites on subjects like HIV and
safe sex awareness sites, which could provide useful
information to minors.
*****************************************************************************
David Burt, Filtering Facts, HTTP://WWW.FILTERINGFACTS.ORG
David_Burt at filteringfacts.org
More information about the Web4lib
mailing list