Government moves to dismiss Net-filtering suits

By The Associated Press

07.24.01

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PHILADELPHIA — A government attorney urging dismissal of lawsuits challenging the Children's Internet Protection Act faced judges yesterday who questioned how libraries could shield children from smut without interfering with adults' Web-browsing rights.

A special three-judge panel, appointed by the 3rd U.S. Circuit Court of Appeals, heard arguments on a motion to dismiss lawsuits filed by the American Civil Liberties Union and the American Library Association challenging portions of the act passed last year.

The law would block federal grants for technology for libraries or schools unless they install Internet filters to keep children from having access to material deemed "obscene," "harmful to minors" or "child pornography."

The lawsuits, contending that the law violates freedom of speech, involve only the portions affecting libraries, not schools.

Any software designed to block the type of sites covered by the law "would also block vastly more speech which is constitutionally protected," argued Paul Smith, attorney for the American Library Association.

Thus, Smith said, "If they accept the money, they are required to take action which is censoring protected speech."

"We say there isn't a way to implement the statute constitutionally," said ACLU attorney Christopher Hansen.

U.S. Justice Department attorney Rupa Bhattacharyya, arguing in favor of the motion to dismiss the lawsuits, said the law wouldn't involve the federal government setting standards for obscenity, but would only require libraries to uphold their local community standards.

"Libraries make these kinds of decisions every day when they decide which books they put on the shelves and when they decide which books they keep on their shelves," Bhattacharyya said. "There is no prosecution at issue. The content decision is left up to the library. The federal government's position is that the libraries are subject to community standards in the communities in which they operate."

Edward R. Becker, chief judge of the 3rd Circuit, asked Bhattacharyya about the potential "chilling effect" on adults using library Internet connections.

With Internet filters operating, a library patron with some sort of sexual dysfunction, for example, would have to go to a librarian to have the filter set to allow access to information on the problem, Becker said.

"This person would have to tell his or her neighbor, who is the librarian, or someone in the community, something which would be terribly embarrassing," Becker said.

Bhattacharyya argued that adult Internet access policies were not before the court.

But Hansen said that as part of the ACLU's case, "We intend to prove that patrons will in fact be chilled by having to request specific information."

"We've alleged that every one of these (filtering) products blocks protected speech," Hansen said.

Hearing the case along with Becker are U.S. District Judges John P. Fullam and Harvey Bartle III of the Eastern District of Pennsylvania.

The judges did not indicate when they would rule on the dismissal motion. The lawsuits are scheduled for trial starting Feb. 14, following which, Becker said, "This case is unquestionably destined for the U.S. Supreme Court."

The law required libraries to comply by July 31, but under an agreement reached in the court in May, they have until July 2002 to certify that they have adopted the required Internet filtering technologies. Under the agreement, libraries need only indicate this year that they are evaluating their options.

Update

Federal panel refuses to dismiss suits against library filtering
Judges reject government's argument that plaintiffs challenging Children's Internet Protection Act have no valid First Amendment claim.  07.27.01

Previous

Groups file suit to halt federal Net-filtering law
Critics say if allowed to take effect next month, Children’s Internet Protection Act will be cyberspace equivalent of tearing pages out of encyclopedias.  03.21.01

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