Posted on 06/24/2003 6:29:01 AM PDT by bedolido
WASHINGTON (Talon News) -- The Supreme Court ruled on Monday that public libraries must filter out pornography from their computers, despite claims by some librarians that this hinders free speech.
With more than 14 million people, including children, accessing the Internet in public libraries each year, the court was concerned about the amount of time people were giving to web sites with overtly sexual content.
This ruling declares that the government can freeze funding to any library that does not comply with the installation of anti-pornography filters.
"To the extent that libraries wish to offer unfiltered access, they are free to do so without federal assistance," the 6-3 ruling said, providing the strongest federal ruling protecting children from unseemly Internet images.
Four of the justices said this is not a violation of free speech protected by the First Amendment and two others did not have a problem with the filters as long as there are provisions made for disabling them for adults who want them removed. However, the law does not require libraries to disable.
Opponents of Internet filters in libraries were furious with this ruling.
"This is electronic book burning. The Supreme Court has ruled the secret censors may prevent you from reading what you want," opined Seth Finkelstein, a leading expert on Internet filters.
American Library Association's Judith Krug predicted that most libraries will refuse federal money rather than installing the Internet filters.
"A substantial number of libraries will say it's not worth it," she said. "The fact that the librarian can flick a switch isn't going to change the stigma that's attached to it."
But the Chief Justice of the Supreme Court clarifies his position in support of the filters with respect to the content found on various websites.
"The Constitution does not guarantee the right to acquire information at a public library without any risk of embarrassment," Chief Justice William Rehnquist stated.
Libraries are concerned that adding filters to their computers will prevent access to educational websites about science and medicine, for example, that often have graphic content.
But libraries who do not comply stand to lose hundreds of millions of dollars in technology monies. With most states facing a tough budget, there is little support to be provided by state government to libraries who refuse to apply the Internet filters.
Some people are glad to see the Supreme Court do something about Internet pornography.
"Sex is something that's like a gun: dangerous if you don't know how to use it. I'm all for them putting regulations in a public place," said Susannah Clark, a great-grandmother who often visits her local public library in Washington, DC
But some librarians say it is not their job to keep children off of harmful and sexually explicit web sites.
"We don't believe it's the library that has that responsibility. We believe it rests with the parents and only the parents," said librarian Rita Thompson-Joyner.
This ruling upholds the Children's Internet Protection Act of 2000. The law requires all library users to have their Internet access filtered.
Rep. Ernest Istook (R-OK), who drafted the law in Congress, applauded the Supreme Court ruling saying that it "will mean libraries can continue to fulfill their mission because parents won't need to be reluctant about dropping off their kids for an afternoon at the library."
Although some adults are grumbling about having to endure the inconvenience of the filters, they will still be permitted to use computers that do not have filters on them upon request, according to the American Civil Liberties Union's lead attorney Chris Hansen. He says that libraries located in poorer neighborhoods will most likely be the first to install the filtering software because they are dependent on the federal money to remain open.
A federal panel in 2002 had ruled that this law was unconstitutional because it violated the First Amendment. But the Supreme Court ruled that it did not violate the right to free speech. Rehnquist's opinion was joined by Justices Sandra Day O'Connor, Antonin Scalia and Clarence Thomas.
Justices Anthony Kennedy and Stephen Breyer, in concurring opinions, wrote that it was more important to protect children from being exposed to pornography than to prevent the minor inconvenience of adult users.
Justices John Paul Stevens, David Souter, and Ruth Bader Ginsburg in their dissent believe the law was too overbearing on the free speech rights of everyday citizens.
"A statutory blunderbuss that mandates this vast amount of overblocking abridges the freedom of speech protected by the First Amendment," Stevens wrote.
Souter said this law is the equivalent of "buying an encyclopedia and then cutting out pages with anything thought to be unsuitable for all adults."
Opponents of this ruling say there will be future challenges to this law on the basis of how it will affect adult library patrons.
The case is United States v. American Library Association.
Copyright © 2003 Talon News -- All rights reserved.
It's also not their job to pass along smut to children. In fact, if they did that at the newstand, giving away copies of Penthouse or Hustler (or even allowing kids to flip through those rags), they'd be fined or arrested.
TS
No. It has ruled that the Federal government doesn't have to pay to give you access to it. You can still read anyhing (legal) that you want without censorship. Libraries that are wholly State or locally funded can still provide you with anything that you want if it is the will of the people there to provide it for you.
It's ok for "Children" to view this porn whenever they want, but is not ok for "Adults" to be able to see the ripping apart of little babies during their murder for money abortaions.
The logic escapes me.
Second thread this morning about further federal legislation "to protect the children". My gawd, are individuals helpless to protect children without governemnt???
Moral-cowardice says: "If we stop children from seeing depictions of adults copulating, then who's to stop the banning of Christian images?! Or the petting of puppies?! Or the smelling of daisies?!"
Most rational, non-ideologically-oriented people who are not afraid of self-governance are willing to take that terrible risk. (sheesh)
What has happened to this once independent thinking nation?
Are you seriously suggesting that the tax-payer's public librarians who are providing this smut to children would listen to the compelling advice of the L.P. to desist?
Are you claiming there are no absolutist libertarian librarians out there fighting for the 1st Amendment right and freedom of children to have their innocence assaulted?
Misleading. The SCOTUS ruled that a FEDERAL LAW putting restrictions on the taxpayer footed purse strings, was not unconstitutional. This is understandable. What I don't understand is why it wasn't a 9-0 slam dunk. Since when did the First Amendment require taxpayers to fund ANYTHING?
"End all crime now: Legalize everything! On to the next thing."
Let 'em! And I presume that I, and any minor, can expect to find Hustler, Penthouse, Al Bundy's favorite, Big 'uns, on the shelves next to Popular Mechanics and O!, right, Ms. Krug? I wonder what the difference is in her mind?
Seth can go home and watch/look at porn on his own computer unless his wife is using electronic book burning.
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