Judge Dismisses Livermore Filtering Case

Staff -- Library Journal, 1/18/1999

Alameda County Superior Court Judge George Hernandez Jr. January 14 dismissed a lawsuit that would have required the Livermore Public Library, CA to filter the Internet for pornography, reports the January 14 New York Times web edition. Hernandez did not file an opinion but issued a one-sentence ruling. The suit, had it been upheld, might have had huge implications for other libraries, as it argued the broad claim that the Constitution compels libraries to protect minors from emotional and physical harm at the library (see previous LJ Digital story). Library Director Susan Gallinger commented: "The Livermore Library Board evaluated several approaches for providing access to the Internet and ultimately decided that the Library did not want to be in a position of telling anyone what they can read, see or hear." Michael Millen, the attorney for the plaintiff, known as Kathleen R., has previously indicated that he would appeal a dismissal. Hernandez had previously rejected an earlier version of the suit, as well.