********** From: terry.sat_private To: declanat_private 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.sat_private To: declanat_private, oifat_private, jwalkerat_private Cc: lowellat_private, wrenat_private, CTNudistsat_private, dennisat_private, Mykosat_private, rapoportat_private 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. ********** ------------------------------------------------------------------------- POLITECH -- Declan McCullagh's politics and technology mailing list You may redistribute this message freely if you include this notice. To subscribe, visit http://www.politechbot.com/info/subscribe.html This message is archived at http://www.politechbot.com/ -------------------------------------------------------------------------
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