June 23, 2003
(Updated) Multnomah County Loses Court Battle Over Censorware In Public Libraries
Note: This post has been updated. Any and all updates appear at the end of the original post.
This is a curious story for me, because in a previous (online) life, I spent the bulk of time dealing with the politics and legalities of the Internet. As it turns out, I must return to the topic now because the Multnomah County Library was one of the plaintiffs in the court fight over the Children's Internet Protection Act, which the U.S. Supreme Court upheld today:
Backed by the American Library Association and other free speech advocates, the library took its case to the U.S. District Court in Philadelphia, arguing that the law relied on imperfect technology to censor constitutionally protected speech. There, federal judges ruled the law violated the First Amendment.
The Supreme Court disagreed. Now, libraries receiving federal support must use the blocking technology, and disable it for patrons who ask.
"Obviously, we're disappointed," said Cindy Gibbon, senior library manager for the Multnomah County Library.
One problem, as Gibbon points out, is that censorware programs over-block Constitutionally-protected expression, and under-block allegedly-objectionable expression.
While the Court argued that requiring patrons to ask that the fitlering software be disabled is not too cumbersome a burden to satisfy the state interest in protecting children, this is too simplistic a formulation.
What this ruling means is that, for example, a teenager struggling with their sexuality (be it sexual health or sexual identity) is now required to endure the potential awkwardness or stigma of first asking permission from the librarian before being able to research the matter on their own.
So, what's next for local libraries?
A deputy county attorney was reviewing the ruling on Monday and planned to report to the Multnomah County Board of Supervisors in the near future about the implications of the decision.
While I await a copy of whatever official statement I assume the County Library has made about this decision, you can read their page on CIPA and their current Internet access policies.
Update
For what it's worth, below is the official statement from the Multnomah County Library, which (as was pointed out to me) is essentially what was conveyed in media reports:
The implications of the CIPA decision are not entirely clear at this time. Before deciding whether to take any action regarding the library's internet filtering policy, we will consult the County Attorney for advice. The County Attorney will advise the Library Board and staff regarding the implications of the Supreme Court decision and the possible courses of action.
For the sake of reference, the Library also pointed me to the American Library Association page on CIPA. In addition, the County Library's CIPA page referenced above reportedly will be updated today.