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IP: ACLU Promises Challenge to Filtering Legisla


From: Dave Farber <farber () cis upenn edu>
Date: Tue, 19 Dec 2000 07:03:06 -0500




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ACLU Promises Legal Challenge as Congress Adopts Bill Imposing Internet
Blocking in Libraries
http://www.aclu.org/news/2000/n121800a.html

FOR IMMEDIATE RELEASE Monday, December 18, 2000

WASHINGTON -- The American Civil Liberties Union said that it will soon
launch a legal challenge to legislation adopted by Congress last week
that would mandate the use of blocking software on computers in public
libraries.

"This is the first time since the development of the local, free public
library in the 19th  century that the federal government has sought to
require censorship in every single town and hamlet in America," said
Chris Hansen, ACLU Senior Staff Attorney. "More than 100 years of local
control of libraries and the strong tradition of allowing adults to
decide for themselves what they want to read is being casually set
aside."

The measure, which was included in the year's final spending bill that
was approved on Friday, was introduced by Senator John McCain, R-AZ. It
would require libraries and public schools to adopt acceptable use
policies accompanied by a "safety technology" - i.e., blocking software
- that would block access to materials deemed "harmful to minors."

Earlier this year, an 18-member commission appointed by Congress
rejected the idea of mandating the use of blocking software, which is
notoriously clumsy and inevitably restricts access to valuable,
protected speech. A wide spectrum of organizations have opposed blocking
software mandates, including the American Library Association, the
Society of Professional Journalists, the conservative Free Congress
Foundation and state chapters of
the Eagle Forum and the American Family Association.

"There was an Alice in Wonderland quality to this debate," said Marvin
Johnson, a Legislative Counsel with the ACLU's Washington National
Office. "With its vote, Congress rejected the advice it asked for from
the panel it appointed."

The ACLU said that because blocking programs can be so restrictive and
overreaching, they significantly reduce the amount and diversity of
speech and information available to individuals. For example, House
Majority Leader Richard "Dick" Armey, a staunch proponent of Internet
blocking, found his own web site censored, because it contains the word
"dick." And a recent report by Peacefire found that several dozen
websites of candidates for
Congress had been blocked by censorware.

Over the last five years, the ACLU has successfully challenged a wide
range of government efforts to censor the Internet, including the
landmark Supreme Court ruling in Reno v. ACLU and, more specifically, in
Mainstream Loudoun vs. Board of Trustees of the Loudoun County Library,
where a federal district court found mandatory use of blocking software
unconstitutional in April 1998.


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