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

From: Declan McCullagh (declanat_private)
Date: Fri Jun 08 2001 - 06:54:12 PDT

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    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
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    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.
    
    [...]
    
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    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
    
    -------------------------------------------------------------------------
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    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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