Filtering Roundup: Several States Face Filtering, IF Legislation

Staff -- Library Journal, 2/22/1999

Just as in 1998, filtering and other intellectual freedom issues are on the agenda of state legislatures across the country. It's still too early in the legislative session for major bills to pass, but Virginia -- home of the Loudoun County filtering suit -- has apparently averted filtering bills and passed an alternative.

In Virginia, Joe T. May (R-Loudoun), co-chair of the House of Delegates Committee on Science and Technology questioned the effectiveness of filtering software and added, "I'm just tremendously reluctant to proscribe from the state level." According to the February 6 Virginian-Pilot, HB1317 would have required public elementary and secondary schools to filter "materials harmful to juveniles, obscene materials, child pornography and other materials inconsistent with public schools' educational mission. It was continued from the 1998 session to 1999 but defeated in May's committee. HB 1561 would require public libraries receiving any state funding to filter "obscene materials, child pornography, and material harmful to juveniles." It was tabled by the committee, as was HB 2756, which would have required schools and libraries to block minors from obscenity, child pornography, and other illegal material. Instead, the Legislature has passed HB1043, which would require all schools and libraries to adopt Acceptable Internet Use Policies (AIUP) and file them with appropriate state agencies by December 1, 1999. "We all feel that it is an acceptable policy," said Spencer Watts, a member of the Virginia Library Association's Legislative Committee.

New York is considering SB 123 in NY, which would require public schools and libraries to block "harmful to minors" Internet material. Also, New York legislators have proposedSB1171, which would prevent public libraries from lending R-rated films to minors unless a parent or guardian has consented in writing. And New York is considering SB438, which would make "public distribution of offensive sexual material without charge" a misdemeanor.

California faces a filtering bill, SB238 that would require public libraries to filter all computers for "obscene matter." In Oklahoma, HB1314 would withhold monies from the Oklahoma Department of Libraries from libraries that lack a written policy that identifies and separates materials that are sexually explicit from those designed for children, including sex education materials; and contain auditory and/or visual depictions of explicit sex. In Arkansas, HB 1136 would require libraries and schools to block access to "prevent staff and patrons of the library from accessing sexually explicit or inappropriate material" on the Internet; however, the bill was withdrawn, perhaps because of its vagueness. Illinois is considering HB 600, a new version of legislation that would define obscenity at the county level. This could result in multiple interpretations of obscene activity and material, and threaten interlibrary loan and other library functions.