FC: Responses to Supreme Court upholding library filtering-funding law

From: Declan McCullagh (declanat_private)
Date: Tue Jun 24 2003 - 08:10:11 PDT

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    Here's the decision itself:
    http://laws.findlaw.com/us/000/02-361.html
    
    The ALA chat is archived at the URL Robert provided below (sorry for delay 
    in sending this out).
    
    -Declan
    
    ---
    
    Date: Mon, 23 Jun 2003 14:22:18 -0400
    From: Robert MacMillan <robert.macmillanat_private>
    Subject: filtering decision Live Online
    To: declanat_private
    
    Hi Declan,
    We're going to have Emily Shektoff, executive director of the American
    Library Association's
    DC office, as a guest for a Live Online discussion about the
    implications of the Supreme Court
    ruling on the Children's Internet Protection Act. The session runs
    from 3 to 4 p.m. here:
    
    http://discuss.washingtonpost.com/zforum/03/sp_technews_shektoff062303.htm
    
    If any Politech readers are interested, we're happy to take questions.
    Thanks,
    Robert
    
    ---
    
    Subject: Supreme Court Filtering Decision - Child Pawn
    Content-Type: multipart/alternative;
             boundary="----_=_NextPart_001_01C339EA.95BDA478"
    Date: Mon, 23 Jun 2003 17:50:19 -0700
    From: "Clinton D. Fein" <clinton.feinat_private>
    To: "Declan McCullagh" <declanat_private>
    
    Hi Declan:
    
    While I have no doubt you will be covering this predictable, but 
    unfortunate Supreme Court decision, here is the Annoy.com take, which looks 
    at the extent to which even the dissenters seemed to ignore the intended 
    target of the legislation. Children.
    
    I guess perseverance eventually renders old constitutional arguments 
    meaningless.
    
    Clinton
    
    Child Pawn
    June 23, 2003
    <http://www.annoy.com/editorials/doc.html?DocumentID=100501>http://www.annoy.com/editorials/doc.html?DocumentID=100501
    
    [Excerpt]
    Today, a divided Supreme Court ruled that Congress can force the nation's 
    public libraries to equip computers with anti-pornography filters.
    
    The fundamentally flawed blocking technology, intended to keep smut from 
    children, does not violate the First Amendment even though it shuts off 
    some legitimate, if not critically and life-saving importantly 
    informational Web sites, such as how to practice safe sex, the court held.
    
    Despite the sharply divided ruling, the biggest losers in todays decision 
    were young people intelligent enough to make informed decisions, but too 
    young to enjoy the freedoms available to adults under the First Amendment.
    
                                                                                                                                         [...]
    
    If a teenager seeking information about avoiding sexually transmitted 
    diseases or avoiding pregnancy is not a legitimate reason to allow 
    unfiltered access to Internet materials, it cannot be said that the statute 
    represents legitimate objectives claiming to protect children. And even if 
    the court had even bothered to address childrens access in a meaningful 
    manner, Rehnquist observed wryly that "the Constitution does not guarantee 
    the right to acquire information at a public library without any risk of 
    embarrassment." A surefire way to encourage children seeking information 
    that would be too embarrassing to ask of adults! Justice Souter, who 
    dissented, argued that if the only First Amendment issues raised were those 
    of children he would have no problem upholding the application of the Act, 
    stating, "I do not think that the awkwardness a child might feel on asking 
    for an unblocked terminal is any such burden as to affect 
    constitutionality." Once again, it is difficult to take the stated 
    objective of protecting the interests of children seriously.
    [/Excerpt]
    
    _________________________
    
    Clinton Fein
    Editor & Publisher
    Annoy.com
    555 Florida Street, Suite 407
    San Francisco, CA  94110
    Phone: 415-552-7655
    Fax: 415-552-7656
    <http://annoy.com/>http://annoy.com/
    _________________________
    
    
    
    
    
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