New Memo Provides Legal Context Regarding Filtering Scenarios
Staff -- Library Journal, 2/21/2000
A memo to the American Library Association from its legal counsel, Jenner & Block, offers "general discussion" of scenarios regarding library use of Internet filtering software. It states: "Libraries almost certainly may not block adults' access to constitutionally protected material on the Internet. A system that required adults affirmatively to request unfiltered Internet access also would likely fail...restrictions on minors' access to material constitutionally protected as to them would raise significant First Amendment concerns as well." If a library installed filters in the children's room but not elsewhere, minors still could sue if banned from unfettered access, though the memo notes that "this area is untested." As for requiring parental permission for unfiltered access, the memo notes that minors have some constitutional rights independent of their parents -- though again this area is legally untested. The memo also denounces the "tap on the shoulder" policy practiced by many libraries that do not use filters, saying it "invites arbitrary and discriminatory enforcement." Could a library be sued for failing to filter? The memo suggests this would be doubtful. While libraries are encouraged to link to child-friendly sites and provide tutorials, among other tactics, ultimately a library's use policy for Internet terminals, "should place no restrictions on the content of the Internet materials viewed, beyond a general statement declaring that the library does not condone the use of library equipment to access material that is obscene, child pornography, or harmful to minors." However, libraries are left in an uncomfortable position: they may not condone access of illegal material, but neither filters nor the "tap on the shoulder" are considered appropriate to determine when patrons access such material.
