IP: Mass. may block porn, drug info, "intolerance" from library PCs

[David Farber <dave () farber net>]

> From: terry.s () juno com
> To: declan () well com
> Date: Thu, 7 Jun 2001 15:48:50 -0400
> Subject: FYI-Mass. Bill will Ban Porn, "Satanic Cults" From Libraries
>
> This pending Massachusetts censorship mandate impresses me as calling for
> illegal prior restraint while having moot (and therefore legally no
> justifiable) purpose over alleged "obscenity", while tasking librarians
> with making judgements about religious issues (eg, define "satanic cult")
> they're neither qualified nor legally entitled to make.  MA law requires
> public libraries to follow ALA standards, with which this proposal would
> butt heads.
>
> It appears Rep. Marini is attempting to sneak a colloquial meaning of
> "obscene" backed by the American Family Association and similar
> pro-bigotry groups into law in the phrase "character of which is such
> that it is reasonably believed to be obscene", rather than stick to the
> "Miller" test legal meaning, which would make this law moot in that
> point.  (The Miller criteria themselves run head on into the 1st
> Amendment, to the extent their sexual and excretory focus is derived from
> common Judeo-xtian religions not entitled to impose elements of
> themselves on citizens who believe otherwise.  Maybe when Rehnquist is
> dead the SCOTUS will clean up that mess.)
>
> Terry
> ------------
>
> BILL BARS SEX SITES AT LIBRARY
> Steve LeBlanc, Associated Press writer
> South Coast Today (Massachusetts)
>
> http://www.s-t.com/daily/06-01/06-04-01/a04sr023.htm
>
> Surfing for smut at local libraries would be barred under a bill set to
> be
> heard by Beacon Hill lawmakers today.
>
> The measure, sponsored by Republican House leader Francis Marini, would
> also
> block Internet access to "satanic cults," "indecent depictions of bodily
> functions" and "illicit drugs, alcohol or tobacco products."
>
> Civil libertarians oppose restrictions on Internet access, saying
> individuals should have the right to decide for themselves what they want
> to
> view or read.
>
> [...]
>
> The bill would also allow libraries to restrict access to other
> materials,
> including information about "militant or extremist behavior,"
> "intolerance"
> or purchasing tobacco or alcohol.
>
> [...]
>
> **********
>
> From: terry.s () juno com
> To: declan () well com, oif () ala org, jwalker () ala org
> Cc: lowell () optonline net, wren () witchvox com, CTNudists () aol com,
>         dennis () sunclad com, Mykos () Kautzlaw com, rapoport () shermans net
> Date: Fri, 8 Jun 2001 01:15:10 -0400
> Subject: Pending MA censorship Bill
>
> MA has a pending House Bill which would task librarians with making
> religious, artistic, political, and legal judgements about the viewing
> choices of patrons, which they're both unqualified to make and not
> entitled to make under existing MA law as well as basic civil rights
> protections against gender, religious, and other forms of discrimination
> or speech censorship.
>
> Below are the complete text of and URLs to official state sources for the
> pending Bill, existing law defininitions used in said Bill, and
> contradictory state library policy law.  American Library Association,
> referenced in 78-33, can be found at www.ala.org
>
> Terry
> ======
>
> http://www.state.ma.us/legis/bills/house/ht03428.htm
>
>
> HOUSE, No. 3428
>
>
> By Mr. Marini of Hanson, petition of Francis L. Marini and other members
> of the House relative to regulating the use of the Internet in free
> public libraries. State Administration.
>
>
> The Commonwealth of Massachusetts
> ______________________
>
>
> In the Year Two Thousand and One.
> ______________________
>
>
> AN ACT RELATIVE TO LIBRARY POLICY REGARDING USE OF THE INTERNET.
>
>       Be it enacted by the Senate and House of Representatives in General
> Court assembled, and by the authority of the same, as follows:
>
> SECTION 1. Chapter 78 of the General Laws, as appearing in the 1998
> Official Edition, is hereby amended by inserting after section 33 the
> following section:—
> Section 33A. The board of trustees of a free public library in any city
> or town, or in the absence of such a board, the city or town official
> possessing the appointive powers of such a board, shall establish a
> written acceptable-use policy governing patron use of computer terminals
> for libraries that provide access to the Internet.
> (a) The acceptable use policy is a policy for Internet usage that is
> acceptable to and adopted by either a school board or governing body of a
> library. The acceptable-use policy shall contain provisions that: (1)
> prohibit any person from using the library's computer equipment and
> communications services for sending, receiving, viewing or downloading
> material, the character of which is such that it is reasonably believed
> to be obscene, or harmful to minors, and (2) establish appropriate
> measures to be taken against persons who wilfully violate the policy.
> (b) At a minimum, each library's policy shall clearly state what types of
> information shall be prohibited from user access. The policy may prohibit
> access by users to the following: (1) obscenity; (2) gross depictions;
> (3) depictions of sexual acts; (4) depictions of full and partial nudity;
> and (5) information encouraging or advocating satanic cults, intolerance,
> militant or extremist behavior, violence or profanity and the sale,
> consumption or production of illicit drugs, alcohol or tobacco products.
> (c) The governing body of the library shall take such steps as it deems
> appropriate to implement and enforce the library's policy.
>
> SECTION 2. Chapter 78 of the General Laws, as appearing in the 1998
> Official Edition, is hereby amended by inserting after section 33 the
> following section:—
> Section 33B. The following words and phrases when used in section 33A
> shall have the meanings given to them in this section unless the context
> clearly indicates otherwise:
> "Gross depiction." A picture, descriptive text or audio communication of
> any individual or anything that is crudely vulgar or grossly deficient in
> civility or show scatological impropriety. The term includes depictions
> such as maiming, bloody figures or indecent depiction of bodily
> functions.
> "Harmful to minors." As define in section 31, chapter 272.
> "Obscene." As defined in section 31, chapter 272.
> "Nudity." As defined in section 31, chapter 272.
>
>
>
> http://www.state.ma.us/legis/laws/mgl/272%2D31.htm
>
> GENERAL LAWS OF MASSACHUSETTS. PART IV. CRIMES, PUNISHMENTS AND
> PROCEEDINGS IN CRIMINAL CASES. TITLE I. CRIMES AND PUNISHMENTS. CHAPTER
> 272. CRIMES AGAINST CHASTITY, MORALITY, DECENCY AND GOOD ORDER.
>
> Chapter 272: Section 31. Definitions applicable to secs. 28, 28C, 28D,
> 28E, 29, 29A, 29B, 30 and 30D.
>
>
> GENERAL LAWS OF MASSACHUSETTS
> PART IV.
> CRIMES, PUNISHMENTS AND PROCEEDINGS IN CRIMINAL CASES.
>
> -------------------------------------------------------------------------
> -------
>
> TITLE I.
> CRIMES AND PUNISHMENTS.
>
> -------------------------------------------------------------------------
> -------
>
> CHAPTER 272. CRIMES AGAINST CHASTITY, MORALITY, DECENCY AND GOOD ORDER.
>
> Chapter 272: Section 31. Definitions applicable to secs. 28, 28C, 28D,
> 28E, 29, 29A, 29B, 30 and 30D.
>
> Section 31. As used in sections twenty-eight, twenty-eight C,
> twenty-eight D, twenty-eight E, twenty-nine, twenty-nine A, twenty-nine
> B, thirty and thirty D, the following words shall, unless the context
> requires otherwise, have the following meanings:ª
>
> "Disseminate", to import, publish, produce, print, manufacture,
> distribute, sell, lease, exhibit or display.
>
> "Harmful to minors", matter is harmful to minors if it is obscene or, if
> taken as a whole, it (1) describes or represents nudity, sexual conduct
> or sexual excitement, so as to appeal predominantly to the prurient
> interest of minors; (2) is patently contrary to prevailing standards of
> adults in the county where the offense was committed as to suitable
> material for such minors; and (3) lacks serious literary, artistic,
> political or scientific value for minors.
>
> "Knowing", a general awareness of the character of the matter.
>
> "Lascivious intent", a state of mind in which the sexual gratification or
> arousal of any person is an objective. For the purposes of prosecution
> under this chapter, proof of lascivious intent may include, but shall not
> be limited to, the following:
>
> (1) whether the circumstances include sexual behavior, sexual relations,
> infamous conduct of a lustful or obscene nature, deviation from accepted
> customs and manners, or sexually oriented displays;
>
> (2) whether the focal point of a visual depiction is the child's
> genitalia, pubic area, or breast area of a female child;
>
> (3) whether the setting or pose of a visual depiction is generally
> associated with sexual activity;
>
> (4) whether the child is depicted in an unnatural pose or inappropriate
> attire, considering the child's age;
>
> (5) whether the depiction denotes sexual suggestiveness or a willingness
> to engage in sexual activity;
>
> (6) whether the depiction is of a child engaging in or being engaged in
> sexual conduct, including, but not limited to, sexual intercourse,
> unnatural sexual intercourse, bestiality, masturbation, sado-masochistic
> behavior, or lewd exhibition of the genitals.
>
> "Minor", a person under eighteen years of age.
>
> "Nudity", uncovered or less than opaquely covered human genitals, pubic
> areas, the human female breast below a point immediately above the top of
> the areola, or the covered male genitals in a discernibly turgid state.
> For purposes of this definition, a female breast is considered uncovered
> if the nipple or areola only are covered.
>
> "Matter", any printed material, visual representation, live performance
> or sound recording including but not limited to, books, magazines, motion
> picture films, pamphlets, phonographic records, pictures, photographs,
> figures, statues, plays, dances.
>
> "Performance", any play, dance, exhibit, or such similar activity
> performed before one or more persons.
>
> "Obscene", matter is obscene if taken as a whole it
>
> (1) appeals to the prurient interest of the average person applying the
> contemporary standards of the county where the offense was committed;
>
> (2) depicts or describes sexual conduct in a patently offensive way; and
>
> (3) lacks serious literary, artistic, political or scientific value.
>
> "Sexual conduct", human masturbation, sexual intercourse, actual or
> simulated, normal or perverted, any lewd exhibitions of the genitals,
> flagellation or torture in the context of a sexual relationship, any lewd
> touching of the genitals, pubic areas, or buttocks of the human male or
> female, or the breasts of the female, whether alone or between members of
> the same or opposite sex or between humans and animals, and any depiction
> or representation of excretory functions in the context of a sexual
> relationship. Sexual intercourse is simulated when it depicts explicit
> sexual intercourse which gives the appearance of the consummation of
> sexual intercourse, normal or perverted.
>
> "Sexual excitement", the condition of human male or female genitals or
> the breasts of the female while in a state of sexual stimulation or the
> sensual experiences of humans engaging in or witnessing sexual conduct or
> nudity.
>
> "Visual material", any motion picture film, picture, photograph,
> videotape, any book, magazine, or pamphlet that contains pictures,
> photographs or similar visual representations or reproductions.
> Undeveloped photographs, pictures, motion picture films, videotapes and
> similar visual representations or reproductions may be visual materials
> notwithstanding that processing, development or similar acts may be
> required to make the contents thereof apparent.
>
>
> http://www.state.ma.us/legis/laws/mgl/78%2D33.htm
>
> -------------------------------------------------------------------------
> -------
>
> GENERAL LAWS OF MASSACHUSETTS
>
> -------------------------------------------------------------------------
> -------
>
> TITLE XII.
> EDUCATION.
>
> -------------------------------------------------------------------------
> -------
>
> CHAPTER 78. LIBRARIES.
>
> Chapter 78: Section 33. Policy for selection and use of library materials
> and facilities.
>
> Section 33. The board of trustees of a free public library in any city or
> town, or in the absence of such board, the city or town official
> possessing the appointive powers of such board, shall establish a written
> policy for the selection of library materials and the use of materials
> and facilities in accordance with standards adopted by the American
> Library Association. No employee shall be dismissed for the selection of
> library materials when the selection is made in good faith and in
> accordance with the approved policy adopted pursuant to the provisions of
> this section.
>
> **********



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