Filtering the Internet in Libraries

One of the hot-topics in libraries today is whether or not they should filter the internet on their computer terminals. Some of the reasons this is such a hot-topic is that some people are concerned that filtering the internet infringes on their intellectual freedom while others say that that computers need to be ‘safe’ for children to use . The Supreme Court ruling on the Children’s Internet Protection Act (CIPA) has an impact on the filtering of computers at libraries that choose to receive funding under that act. Libraries that do not or choose not to accept funding under the CIPA have to decide individual whether or not to filter their computers and to what degree.

Children’s Internet Protection Act

The Supreme Court has ruled in the June 2003 decision in the case UNITED STATES, et al., APPELLANTS v. AMERICAN LIBRARY ASSOCIATION, INC., et al. that requiring filtering on computers in libraries that accept money from the E-rate program and Library Services and Technology Act (LSTA) does not violate the constitution. Although it was decided that it was unconstitutional not to disable the internet filter for adults who ask “to enable access for bona fide research or other lawful purposes.” (“UNITED STATES V. AMERICAN LIBRARY ASSN., INC.,” 2003)

The Supreme Court declared that CIPA was constitutional because “when the Government appropriates public funds to establish a program it is entitled to define the limits of that program.” (“UNITED STATES V. AMERICAN LIBRARY ASSN., INC.,” 2003), libraries do not have to accept the funding, libraries are not forums for public speech, and it is not an unreasonable burden for an adult patron to ask to have the internet filters disabled. (“UNITED STATES V. AMERICAN LIBRARY ASSN., INC.,” 2003)

What does this mean for libraries?

If the library accepts funding from CIPA they have to filter their internet on their computers and when an adult asks to have the filter disabled the library has to disable the filter. The Supreme Court concluded that having an adult patron ask to have the internet filters disabled was not and unreasonable burden.

Libraries have a choice in accepting the funding so the government is not infringing on their constitutional rights by deciding that libraries under this program have to filter their internet. Neither is the government suppressing free speech because “Internet access in public libraries is neither a “traditional” nor a “designated” public forum”. (“UNITED STATES V. AMERICAN LIBRARY ASSN., INC.,” 2003) In short, if a library does not want to filter their internet do not accept this funding. This decision does require all libraries that filter their internet to disable the filters when an adult patron asks because not disabling the filter in that case is not constitutional.

What about libraries that do not accept funding from CIPA but are unsure if they want to filter their internet?

The major pro for filtering the internet at libraries is it keeps materials harmful to minors away from minors. The major con for filtering the internet is that the library is censoring information from minors.

Proponents of filtering the internet say that “Courts have balanced freedom of speech and society’s interest in keeping children from harmful material by upholding as constitutional restrictions that do not outlaw harmful material, but limit the time, place, or manner of distribution.” (Johnson, 2006). Another pro for filtering the internet is people who wish not see pornography on a computer screen in their library do not.

People against this say it violates the Library Bill of Rights by it is not providing equal access to patrons regardless to age. (“ALA Interpretations,”) Also, adults could be too embarrassed to ask to have the filter removed so they would never ask to have the filter removed. Additionally, the library can install privacy filters on the monitor so the image on the screen is only visible to people that are directly facing the screen

For the reader

Which should a library choose, accept funding from the E-rate or LSTA program or not accept the funding? Why or why not?

For libraries that do not have to follow the CIPA, should they filter all their internet terminals, filter only the internet terminals that are used by minors, or not filter at all? and Why or why not?

References

ALA Interpretations. Retrieved 10/10/2008, 2008, from http://www.ala.org/ala/aboutala/offices/oif/statementspols/statementsif/interpretations/default.cfm

Johnson, R. W. (2006). Trademark for Creating a Kid-Friendly Cyberplayground on the Internet (Publication. Retrieved 10/10/2008, from LexisNexis Academic

UNITED STATES V. AMERICAN LIBRARY ASSN., INC. (Supreme Court 2003).