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Bill of Rights
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Bill of Rights
11:03 AM EST 2/1/05
What does the future hold?

From BBC News: World Edition: "US teens 'reject' key freedoms --- A significant number of US high-school students regard their constitutional right to freedom of speech as excessive, according to a new survey."

http://news.bbc.co.uk/2/hi/americas/4225013.stm
Re: Bill of Rights
11:45 AM EST 2/1/05 as a reply to Nicolle Steffen.
Did anyone else see the article in Library Hotline (1/10/05), “Phoenix Funds Staff To Manage ‘No Porn’ Internet Access”? According to the article a librarian and 3 parapros will be hired to "manage the city's 'no pornography' policy at Phoenix Public Library." This was in response to "officials" mandating that adults had no right to turn off library computer filters. The article also pointed out, "the library appears to be violating the Supreme Court decision in the Children's Internet Protection Act case, which said adults can ask for filters to be turned off."

http://www.libraryjournal.com/article/CA490133
Re: Bill of Rights
1:58 PM EST 2/1/05 as a reply to Nicolle Steffen.
Thanks to Bill Murray for the following comment:

Maybe we need to look at what kind of event on First Amendment Rights would be attractive to young people. Include art, writing, photography, etc. Tough these days with all the time for CSAP but possibly doable.
Re: Bill of Rights
3:22 PM EST 2/1/05 as a reply to Nicolle Steffen.
What's interesting to me about this is that libraries have been practicing various Internet use policies across the board ~ they don't all have the same policies, nor the same community needs that policies are intended to address.

My understanding is that the CIPA decision requires that libraries who accept certain kinds of federal funding provide filtering, and allow adults to turn the filters off. But CIPA doesn't require the library to have a certain Internet policy (does it?) about content they will and will not allow.

Can an individual library's Internet Use policy be in violation of the Supreme Court's decision on CIPA, as long as they comply with the filtering rules, and allow adults to turn off the filters? Does it follow from the Supreme Court decision that libraries cannot have a 'no XYZ content' policy?

Whatever my/our personal views on Intellectual Freedom, my hope is that this decision can be kept separate from individual library policies - which I think should be made locally by the community that the library serves. (I know that there's all kinds of imperfections in that, but ...)
Re: Bill of Rights
3:54 PM EST 2/1/05 as a reply to Chrystie Hill.
Chrystie,
Here is an excerpt from Bob Bocher's excellent article on the requirements of CIPA:
"III. The Basic Requirements of CIPA and NCIPA

Q: What are the basic requirements of the law?


A: There are two basic requirements in the legislation. In brief they are:

1. A school or library must have some type of filter or blocking technology on all of its computers with Internet access. The filters must protect against access to certain visual depictions described in section III A below (CIPA requirement).

2. A school or library must have an Internet safety policy and hold a public meeting to review the policy. The policy must incorporate the criteria described in section III B below (NCIPA requirement).

....

Q: What must be included in our AUP to be in compliance with the law?

A: The CIPA section of the law says that a school or library must have an Internet safety policy in place and this policy must include the use of filters to protect against the access to the visual depictions outlawed in the act. The school's Internet policy must also indicate how it plans to monitor the Internet activities of minors. The law does not require this monitoring provision in the library's policy. Note: The law and FCC rules do not require the actual tracking of Internet use by minors or adults.

The N-CIPA section of the law is much more specific in its safety policy requirements. N-CIPA requires that schools and libraries participating in the E-Rate program adopt and implement an Internet safety policy that addresses:
1. Access by minors to inappropriate matter on the Internet and the Web;
2. The safety and security of minors when using electronic mail, chat rooms, and other forms of direct electronic communications;
3. Unauthorized access, including so-called “hacking,” and other unlawful activities by minors online;
4. Unauthorized disclosure, use, and dissemination of personal identification information regarding minors; and
5. Measures designed to restrict minors' access to materials harmful to minors.

The above five areas do not apply to the use of TLCF or LSTA funds that are subject to the other basic CIPA requirements (i.e., need for filtering and hold a public hearing).

The Internet Safety Policy must be adopted after holding at least one public hearing or meeting. (See the Public Meeting section below.)

Q: One of the requirements refers to access by minors to “inappropriate matter” and another refers to access to “materials harmful” to minors. What’s the difference?

A: The term “harmful to minors” is defined in CIPA and referenced previously in this FAQ. The definition of “inappropriate for minors” is to be made by the school or library board or administration. The law states specifically that the federal government is not to make any determination on what is, or is not, “inappropriate for minors.” "


If a library were to choose to block categories/materials that are not specifically illegal according to the Miller test would be putting itself into an interesting situation if an individual were to take exception to it.

-Joe
Re: Bill of Rights
6:52 PM EST 2/1/05 as a reply to Joe Sherwood.
excellent! thanks for clearing that up; my understanding looked a bit like 'fuzzy math' didn't it? emoticon

but it still seems to me that Supreme Court has said you must do A + B, but there is no reason why a particular library couldn't also do C, D, and E, if they so choose.

i've talked to many a small-town librarian who is doing just that; is that so different from what Phoenix is doing? does anyone think they will be legally challenged?
Re: Bill of Rights
9:39 PM EST 2/1/05 as a reply to Chrystie Hill.
You can be sued anytime for almost anything in our country.... ala the hot cofee suit at McDonalds. It really depends on if someone withenough money is offended enough to want to spend it or an organization like the ACLU decides to defend 'our' rights.
Re: Bill of Rights
10:16 PM EST 2/1/05 as a reply to Joe Sherwood.
Yes, anyone can sue for anything if they can find a lawyer to handle the case, though not everything that hits the paper or blogs is true. This is only a little off topic, but I received a link to the article below just a couple of days ago and it seems like a good time to share it. It's about urban legend lawsuits. Ones widely talked about that never happened. - The McDonalds coffee lawsuit, of course, really DID happen.

http://www.usatoday.com/printedition/news/20050131/oplede31.art.htm
Re: Bill of Rights
10:37 PM EST 2/1/05 as a reply to Chrystie Hill.
The fact that adults could request that Internet filters in libraries be turned off was actually a critical consideration in the Supreme Court's ruling on CIPA. There was a fair amount of discussion by the justices on that fine point. Without that allowance, the abrogation of intellectual freedom is raised to a more Constitution-challenging level. It will be interesting to see if any First Amendment cases arise from the various interpretations of the CIPA decision.
Re: Bill of Rights
4:12 PM EST 2/7/05 as a reply to Betha Gutsche.
In the USSC ruling, Justice Kennedy wrote, “If some libraries do not have the capacity to un-block specific Web sites or to disable the filter or if it is shown that an adult user’s election to view constitutionally protected Internet material is burdened in some other substantial way, that would be the subject for an as-applied challenge…”
Re: Bill of Rights
4:28 PM EST 2/7/05 as a reply to Nicolle Steffen.
Nicolle

I would be very interested in us figuring out what kinds of programs we could use to address the Bill of Rights in public and school libraries. If the public and school libraries could partner on this, it would lower the planning burden for both.

The programs could be based around the reading of particular books, such as The Misfits by Howe, Bless Me Ultima by Anaya, or a myriad of others. I also really like the idea of an arts program, to give teens a chance to express their right to express themselves! Anyone else interested in working on this?

mmc
Re: Bill of Rights
7:28 PM EST 3/16/05 as a reply to Nicolle Steffen.
From the Lafayette News Online, "Officials look to fight content filters" By Quentin Young:

"Michelle Seipp, director of the library, said: 'I am a public librarian, and public librarians and public libraries have a long history of being the ones supportive of First Amendment rights and being the voice in the community reminding it of First Amendment rights.'"

For more on this story:

http://www.coloradohometownnews.com/lafayettenews.html

http://www.dailycamera.com/bdc/lafayette_news/article/0,1713,BDC_2425_3625319,00.html
Re: Bill of Rights
1:19 PM EST 3/21/05 as a reply to Nicolle Steffen.
Lafayette update.

From the Daily Camera (Boulder, CO):
<i>Internet filters test First Amendment: Librarians worry legitimate sites may be blocked</i>
By Kate Larsen, Camera Staff Writer
March 20, 2005

"Lafayette is the second Boulder County city to tackle the issue of filtering Internet content — and with the issue come First Amendment debates, budget concerns and questions about the intent of a new state law.

The City Council this week delayed a vote on the Lafayette Library Board's recommendation to not install filters on public computers, despite a state law passed last year requiring them. The council is waiting on more information about its legal options and filtering technology."

Complete story: http://www.dailycamera.com/bdc/county_news/article/0,1713,BDC_2423_3636374,00.html
Re: Bill of Rights
12:28 PM EDT 4/22/05 as a reply to Nicolle Steffen.
From: Rhode Island Affiliate - ACLU (http://www.riaclu.org/20050418.html)

R.I. ACLU RELEASES REPORT ON “TROUBLING” INTERNET CENSORSHIP IN PUBLIC LIBRARIES

The ACLU of Rhode Island today released a report showing that public libraries in the state are impeding library patrons’ access to information on the Internet through the unnecessarily expansive use of so-called “blocking software.” Calling the findings “troubling,” the 18-page report called on libraries to reassess the policies and practices they have implemented.

Report: http://www.riaclu.org/friendly/documents/2005libraryinternetreport.pdf
Re: Bill of Rights
1:21 PM EDT 5/12/05 as a reply to Nicolle Steffen.
From ALA:
Resolution in Support of the American Association for the Advancement of Science Statement http://www.ala.org/ala/oif/statementspols/ifresolutions/aaasresolution.htm

WHEREAS the American Association for the Advancement of Science (AAAS), a fellow member of the Coalition on Government Information, seeks endorsement for its Statement on the Kansas State Board of Education Decision on the Education of Students in the Science of Evolution and Cosmology; and

WHEREAS the American Library Association (ALA) shares the concern of AAAS that "informed and responsible citizens in our increasingly technological world," will be jeopardized if "learning and inquiry are severely inhibited"; now, therefore be it

RESOLVED, that the ALA endorses the AAAS Statement on the Kansas State Board of Education Decision on the Education of Students in the Science of Evolution and Cosmology, and supports the AAAS call for action to restore evolution and cosmology to the Kansas state education standards and assessments; and be it further

RESOLVED, that copies of this resolution be transmitted to the Board of Directors of the American Association for the Advancement of Science, the Kansas State Board of Education, and to the Kansas Library Association.

--------------------------------------------------------------------------------

Adopted by the ALA Council
January 19, 2000
San Antonio, TX

see also

Kansas raises the curtain for long-awaited hearings
This much was certain after the first day of the state's evolution hearings: There were plenty of seats to go around. The full article will be available on the Web for a limited time:
http://www.kentucky.com/mld/kentucky/news/nation/11581365.htm
Re: Bill of Rights
1:25 PM EDT 5/12/05 as a reply to Nicolle Steffen.
Consumer Reports Finds Filtering Softwares Improve Blocks on Pornography Improved But Restrict Acceptable Web Sites

Press Release
http://press.arrivenet.com/pol/article.php/634506.html

Report
http://tinyurl.com/atm38

"Consumer Reports' (CR) latest tests of filtering software show that while Internet blockers have gotten better at blocking pornography, the best also tend to block many sites they shouldn't. In addition, Consumer Reports found the software to be less effective at blocking sites promoting hatred, illegal drugs or violence. The June issue includes ratings of 11 popular filtering software products and advice for concerned parents who are trying to better protect their children online."
Re: Bill of Rights
2:06 PM EDT 6/1/05 as a reply to Nicolle Steffen.
ALA Bill of Rights also under attack according to Library Journal article:

Library Journal
Board in Johnson County, KS, Board Excises ALA Bill of Rights Language
-- 5/4/2005

"Does the American Library Association’s (ALA) Bill of Rights stop a library from protecting children from pornography? Worried about that possibility, the board of the Johnson County Library (JCL), Overland Park, KS, recently voted 4-3 to strip the language from the library’s collection development guidelines. The action may turn out to be symbolic, as two of the board members who voted to delete the language are at the end of their term. Plus, patrons have made their displeasure over the action known to JCL staff."

"Because of patron response to the action, the staff will request that the action be reconsidered,” County Librarian Mona Carmack said. Barton Cohen, who led the effort to delete the ALA Bill of Rights language, told the Kansas City Star that he particularly opposed ALA language regarding the importance of “presenting all points of view on current and historical issues.”

http://www.libraryjournal.com/article/CA529661.html

Message was edited by:
nicolle
Re: Bill of Rights
1:32 PM EDT 8/1/05 as a reply to Nicolle Steffen.
From: IllinoisLeader.com
Tuesday, July 26, 2005
By Fran Eaton

Governor pledges support for Internet filters in public libraries

AURORA -- Governor Rod Blagojevich surprised representatives of a conservative women’s group this week when he told them he would support an effort to filter children's Internet access in public libraries.

Complete story: http://www.illinoisleader.com/news/newsview.asp?c=27421
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