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FC: Libraries can legally filter the Internet, law review article says
From: Declan McCullagh <declan () well com>
Date: Thu, 6 Jul 2000 11:10:58 -0500
See, as background: http://www.politechbot.com/cgi-bin/politech.cgi?name=loudoun ----- Forwarded message from Msnadel () aol com ----- From: Msnadel () aol com Subject: Texas Law Rev. article on Internet Filtering To: declan () wired com Date: Wed, 5 Jul 2000 22:43:34 EDT X-Mailer: AOL 4.0 for Windows 95 sub 107 Declan Just thought that some of those on your list might be interested in my just published Texas Law Review article "The First Amendment's Limitations on the Use of Internet Filtering in Public and School Libraries: What Content Can Librarians Exclude?" A slightly revised version of it is available at <http://papers.ssrn.com/paper.taf?abstract_id=230834>. I've included an abstract of the 40-page piece below Comments, criticisms, etc. are welcome. mark nadel ABSTRACT This article asserts that the First Amendment permits libraries to use private-sector software to filter Internet access as long as the filters do not attempt to favor one socio-political viewpoint over another. It challenges the 1999 federal court's finding in the Loudoun County Library case that libraries offering Internet access face no economic constraint on offering unlimited access. It criticizes that decision as faulty economic analysis as well as disputing the Loudoun court's public forum analysis. The article contends that librarians may use filters to manage patrons' use of the library's limited resources to maximize computer terminal availability for accessing the categories of content chosen by librarians to be in their collections. Thus, libraries are free to block access to websites providing material outside that scope, including "protected speech," e.g., shopping services and non-obscene photos advertised as XXX. Libraries may also use removable filters to empower parents to diminish their children's access to adult material. The article argues, however, that the First Amendment requires libraries using filters 1) to retain "final say" over selection decisions, 2) to understand the criteria that the filter uses to exclude content, and 3) to have the resources to correct the viewpoint discrimination that filters are likely to generate. Furthermore, it concludes that the issue of library filtering of Internet access is not so much an issue of cyberspace law as one of the First Amendment's more general limitations on librarian discretion in the selection of content. ----- End forwarded message ----- -------------------------------------------------------------------------- POLITECH -- the moderated mailing list of politics and technology To subscribe, visit http://www.politechbot.com/info/subscribe.html This message is archived at http://www.politechbot.com/ --------------------------------------------------------------------------
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- FC: Libraries can legally filter the Internet, law review article says Declan McCullagh (Jul 06)