[WEB4LIB] Re: Policy on external links

[Norman Howden]

Seems to me a Web page can become a forum if you build it to collect links about a controversial subject and you have the means to control the flow of information.  For instance if you put together a page about issues and that page covered those issues in a narrow geographic or political entity such as a town or other single political jurisdiction you are close to having a forum.  Then if you are a preeminent provider of Web pages in that small locale, you tend to have control of the flow of information.

Norman Howden, PhD
Assistant Dean, Educational Resources
214-860-2176

>>> Julia Schult <jschult at elmira.edu> 08/10/00 02:55PM >>>
The shocking thing about this case is that the guy is suing because they
*didn't* link to his page, while most people are suing people who *did* link to
their page without permission.

I don't know how many people actually took the time to read the opinion linked
to below, but it is kinda scary for public institutions such as cities or public
libraries.  I see one big flaw in the court's logic, however, which
unfortunately, the way the opinion is stated, Cookeville may not be able to
reverse:  A web page providing links to other pages for the purpose of
disseminating information is not a "forum"!  The opinion debates whether the
city's page is a "traditional public forum", a "designated public forum" and a
"nonpublic forum".  However, a city's or library's informational web page is a
form of publishing, not a place for debate or exchanges of information and
opinion.  The web CAN be used for (two-way) communication or for publishing, but
not all pages are both, if you see the distinction I am trying to make.
(Obviously publishing communicates information, but only in one direction.)  It
seems to me the court was in error in assuming that web pages per se are fora.

This is obviously a rare situation.  It might be worth having a "purpose
statement" for each of  your public web pages.  This would give you something to
point to in why some links are there and others not, and might help you if you
are working on a web site redesign project.

I would have just linked to his page, with some kind of "Are you looking for
controversy?" annotation to the link, but then I'm a First Amendment
absolutist...

WebMaster - Library wrote:

> Does anyone here have (or know of) a page on their institution's Web site
> that delineates a policy on external links -- i.e., who or what you will or
> will not link to?  I'm in the process of prodding the City to come up with
> some sort of written policy so we don't end up like the City of Cookeville,
> TN in:
>
> The Putnam Pit, Inc.; Geoffrey Davidian,
>           Plaintiffs-Appellants,
>           v.
> City of Cookeville, Tennessee; Jim Shipley,
>           Defendants-Appellees.
>
> http://pacer.ca6.uscourts.gov/cgi-bin/getopn.pl?OPINION=00a0235p.06 
>
> The City Attorney's office suggested restricting links to governmental,
> non-profit, and consumer-service type organizations, but we're already well
> beyond that point.  For instance, the Library maintains a local Internet
> directory that includes links to all the local media outlets (all of which
> are commercial except for PBS, of course).
>
> Basically, I've just been using common sense when it comes to adding
> external links.  If someone in a City department wants a particular link,
> I've always added it.  These are inevitably links to state and federal
> agencies, professional organizations, regulatory bodies, etc.  No problems
> here, basically.  I do get a steady stream of e-mail requests from external
> entities -- most of them commercial in nature -- to link to their sites.  I
> almost always deep-six those, except when I think something might have local
> informational value, in which case I pass it along to the Reference
> Department for their consideration.
>
> We already have a disclaimer on the Web site: "The appearance of a link on
> this web site to a business or commercial site does not constitute an
> endorsement by the City of Clearwater."  But this isn't the same as an
> actual policy on external links.
>
> At this point, any input would serve as food for thought.  Thanks in
> advance.
>
> Shirl Kennedy
> Web Doyenne
> City of Clearwater, FL
>
> We have enough youth.  How about a fountain of smart?

--
---Julia E. Schult
Access/Electronic Services Librarian
Elmira College
Jschult at elmira.edu