[NET-LAWYERS] USA Today poll on Library Internet Filtering (fwd) -Reply

[Elisabeth Roche]

>From my net-lawyers newsgroup: FYI-

Elisabeth Roche Roche Limits eroche at sisnaaz.com
serendipity RULES!

---fwd original message---

At 11:57 AM 4/30/98 -0700, Cumbow, Robert-SEA wrote:
>
>Mainstream Loudon v. Board of Trustees of Loudon County Public  Library,
>Civil Action No. 97-2049-A (E.D.Va. 4/7/97):  Loudoun County, Virginia
>residents' suit, joined by ACLU, challenged as violative of First
>Amendment rights the local library's use of filtering software to block
>access to sexually explicit Internet sites.  Court found library
>unentitled to immunity as a quasi-legislative entity, nor to 11th
>Amendment immunity, nor to qualified immunity.  In addition, court held
>that the "safe harbor" provisions of the Communication Decency Act,
>successfully invoked in Zeran v. AOL, apply only to Internet and online
>service providers, and could not be extended to a public library
>service.  Subsequently settled, with Library agreeing to provide
>unfiltered as well as filtered Internet connections at the library.

This summary glosses over the wonderful discussion of First Amendment
implications in Judge Brinkema's decision.  More important, the case most
certainly has *not* settled.  (Perhaps the author is confusing the
agreement reached between ACLU and Kern County, CA, before lawsuit filed).
Loudoun County case probably will go to trial in about September.

BTW, the original post had a number of links, but for those interested in
following the case, its easier just to bookmark the site of defense
attorneys devoted to the case, at
http://www.venable.com/ORACLE/oracle14.htm.  Updated fairly regularly with
new filings, etc., with little editorial comment beyond the court papers
themselves.

-Jim

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