[mail] RE: [Publib] "Wired" mag's sex blogger on Mt. Clemens PL net shutdown

[Bishop O'Rourke Library]

Patty,

I'm finishing up my LIS Master's degree and recently took a course in 
library law.

According to what I learned, the statement from the end of the report is 
accurate.  ("The library
computers do have filters, but according to the law, adults have the right 
to ask for the filters to be removed.")

Here's how it was explained to me:
The first ammendment guarentees freedom of speech.  The courts have held 
that in order for there to be freedom of speech there must be the freedom to 
receive information (if others are prohibited from hearing what I have to 
say, what good is my right to say it?).
Federal and state statutes have prohibited certain types of speech, such as 
obscenity and child pornography, but courts have defined protected speech 
pretty liberal, so pornography not including children has been upheld as 
potected speech.  Public libraries, as an arm of government, are not allowed 
to block adults' access to protected speech.  There are, however, some 
additional forms of speech that are prohibited for minors as "harmful to 
minors." That category does include pornography.

The issue comes up with CIPA because CIPA led to widespread internet 
filtering in public libraries, and it included the following:

"DISABLING DURING ADULT USE. - An administrator, supervisor, or other person 
authorized by the certifying authority under subparagraph (A)(i) may disable 
the technology protection measure concerned, during use by an adult, to 
enable access for bona fide research or other lawful purpose."
CHILDREN'S INTERNET PROTECTION ACT (Pub. L. 106-554) Title XVII Sec. 1721 
amending Sec. 254(h) of the Communications Act of 1934 (47 U.S.C. § 
254(h)(6)(D)).

The court expanded this to the library having to disable the filter at the 
request of the patron no questions asked.  I believe this was part of the 
U.S. v. ALA decision.

Although the court cases came up in response to CIPA, I believe their 
holdings speak to internet filtering in general.

I'm no lawyer and my recollection of some of this is a bit muddled, but 
hopefully it helps some.

Melissa Martinez
Librarian, Bishop O'Rourke Library
Institute of Catholic Thought
St. John's Catholic Newman Center
Champaign, IL
Phone: (217) 255-6610
Email: library at sjcnc.org

----- Original Message ----- 
From: "Patty Wanninger" <pwanninger at blueislandlibrary.org>
To: <jbsphx at cox.net>; <publib at webjunction.org>
Sent: Thursday, November 30, 2006 12:26 PM
Subject: [mail] RE: [Publib] "Wired" mag's sex blogger on Mt. Clemens PL net 
shutdown


> The last line of the report on the Mt. Clemens library states "The library
> computers do have filters, but according to the law, adults have the right
> to ask for the filters to be removed."
>
> It is unattributed, but I assume that's what the director told the 
> reporter.
>
>
> Do you think the law being referred to is CIPA?
>
> We are not inclined to unblock pornographic websites for our patrons, even
> if they would have the nerve to ask, and so far no one has, their rights 
> to
> free expression notwithstanding.
>
> We are not saying we are CIPA compliant, either.
>
> Are you aware of non-CIPA related laws that require libraries to have
> unfiltered access for adults or unblock any site for adults?
>
> Patty Dwyer Wanninger
> Director
> Blue Island Public Library
> 2433 York Street
> Blue Island, IL 60406
> 708-388-1078 ext 14
> -----Original Message-----
> From: publib-bounces at webjunction.org 
> [mailto:publib-bounces at webjunction.org]
> On Behalf Of Joe Schallan
> Sent: Thursday, November 30, 2006 12:41 AM
> To: publib at webjunction.org
> Subject: [Publib] "Wired" mag's sex blogger on Mt. Clemens PL net shutdown
>
> http://tinyurl.com/ygfpgv
>
> Censorship or common sense?  Or both?
>
> -- Joe Schallan, Phx
>
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