Censorship Stories: 1998
Filtering Software Debate Continues. (12/21/98) The debate over whether schools and libraries should use software that filters out Internet porn continues. The National Commission on Library and Information Science is likely to issue a report on the subject by January 3. Meanwhile, when the 106th Congress convenes on January 6, legislators will again introduce bills that mandate that certain schools and libraries use filtering software. Judge Brinkema's recent decision in the Loudoun County case, while the sole written judicial opinion on point, has done little to deter many proponents of filtering.
Loudoun County Library Board Votes to Preserve Appeal in Internet Filtering Case. (12/2/98) The Loudoun County Library Board voted at the end of a long and sometimes stormy public meeting Tuesday night to "direct our attorneys to take all steps necessary to preserve the right to appeal." Last week Judge Brinkema held unconstitutional the Library's policy mandating Internet filtering software on all computers used by library patrons. The Library Board also approved a new Internet Use Policy that provides for filtering software, but allows adult patrons to decide whether or not to use it, and allows parents to decide for their minor children. See, Internet Use Policy.
Federal Judge Bans Public Library from Filtering Out Net Porn. (11/24/98) U.S. District Court Judge Leonie Brinkema ruled yesterday that the Loudoun County Library can no longer continue its policy of running software on its public use computers that blocks access to Internet pornography. See, complete copy of Judge's Opinion.
Judge Issues Temporary Restraining Order in COPA Suit. (11/21/98) U.S. District Court Judge Lowell Reed issued a temporary restraining order on November 19 which bars the Department of Justice from enforcing the Child Online Protection Act (COPA). The bill, which was passed last month, is designed to protect children from being exposed to harmful material on the world wide web. The American Civil Liberties Union is leading the legal challenge to the law. See, copy of Order.
ACLU Files Suit Over Child Online Protection Act. (10/23/98) The American Civil Liberties Union, and others, filed a lawsuit in U.S. District Court in Philadelphia on Thursday, October 22, challenging the constitutionality of the Child Online Protection Act (COPA). The bill was a part of the Omnibus Appropriations Act for FY 1999 which President Clinton signed on Wednesday, October 21. See, COPA, and ACLU's Complaint.
Judge Rules § 230 Blocks the Livermore Library Suit. (10/21/98) The California State Judge presiding in the case Kathleen R. v. City of Livermore ruled on Tuesday, October 20, and reaffirmed in a hearing on Wednesday, that the Plaintiffs' claims that the Livermore Library must install blocking software on computers used by children is barred by Section 230 of the Telecommunications Act of 1996. The Plaintiffs plan to appeal.
Net Porn Bill to Be Included in Omnibus Bill. (10/16/98 9:00 AM ET) The "Child Online Protection Act," known to its critics as "CDA II," will be included in the omnibus appropriations bill, which is likely to approved by both the House on Senate late today.
Senate Approves ITFA. Summary of Contents. (10/9/98) The Senate approved S 442, the "Internet Tax Freedom Act," yesterday by a vote of 96 to 2. The bill establishes a three year moratorium on new discriminatory state and local taxes on the Internet and Internet access, and creates a commission to study the subject of Internet taxes. The bill also includes sections pertaining to Internet pornography and blocking software. See, Complete Copy of S 442, as adopted.
House Passes Child Online Protection Act and Children's Online Privacy Protection Act. (10/8/98 7:00 AM EDT) The House passed the "Child Online Protection Act" late on Wednesday October 7 by a voice vote. The bill bans sending to minors over the web material that is harmful to minors. It is intended to replace the much more broadly worded Communications Decency Act, which was held unconstitutional by the Supreme Court last year. The House also passed S 2326, the "Child Online Privacy Protection Act," which requires that website operators and online services that operate websites directed to children obtain parental consent before collecting information from children under the age of thirteen.
Judge Cancels Trial in Net Filtering Case. (10/3/98) U. S. District Court Judge Leonie Brinkema cancelled an evidentiary hearing set for October 14 in the Loudoun Library filtering software lawsuit. She stated that she would decide the case based on the cross Motions for Summary Judgment, and supporting pleadings and evidence, which have been filed with the Court.
Judge Hears Arguments in Loudoun Library Case. (9/28/98) U.S. District Court Judge Leonie Brinkema heard oral arguments on Friday, September 25, regarding the constitutionality of the Loudoun County Library's use of blocking software on library computers. Judge Brinkema made no rulings at the hearing, but stated that she would rule by early next week on whether the case would go to trial on October 14.
House Committee Passes Child Online Protection Act. (9/25/98) The House Commerce Committee adopted HR 3783, the "Child Online Protection Act," by a unanimous voice vote yesterday.
Rush Backs CDA II & Condemns Release of Starr Report. (9/25/98) As the House Commerce Committee met to approve HR 3783, the "Child Online Protection Act," Committee member Bobby Rush used the occasion to assert that there is an inconsistency between supporting the bill, and releasing the Starr Report. Neither pornography, nor the Starr Report, should be available to children on the Internet, said Rush.
House Subcommittee Passes Child Online Protection Act. (9/21/98) The House Telecommunications Subcommittee approved an amended HR 3783, the "Child Online Protection Act," on Thursday, September 17. This is the House version of a bill sponsored by Sen. Dan Coats, which passed the Senate in July. The full Commerce Committee will likely take up the bill on Thursday, September 24. See, HR 3783, Subcommittee Substitute.
Plaintiffs Move for Summary Judgment in Loudoun Case. (9/6/98) The plaintiffs filed voluminous papers on Friday, September 4, in their lawsuit against the Loudoun County Library over its use of blocking software. The suit was brought to establish a legal precedent that it is unconstitutional for a public library to install blocking software on its computers. The Motion for Summary Judgment, and Memorandum in Support, seek to have the matter decided without a trial. See, Memorandum in Support of Motion for Summary Judgment.
Loudoun Library Moves for Summary Judgment. (9/6/98) The Loudoun County Library filed a Motion for Summary Judgment in a blocking software case brought in federal court in Alexandria, Virginia. The Library seeks to have the case dismissed on the grounds that its use of X-STOP blocking software is not unconstitutional, and that the Library has immunity under Section 230 of the Telecommunications Act of 1996. The Library also seeks to have the Intervening-Plaintiffs dismissed for lack of standing to bring suit.
Senate Passes 'CDA II' and 'Safe Schools Internet Act'. (7/26/98) The U.S. Senate passed the Commerce-Justice-State FY 1999 Appropriations Bill on Thursday, July 23. Attached as amendments were S 1482, which some people call "CDA II," and S 1619, the "Safe Schools Internet Act."
Senate Committee Passes Blocking Software Bill. (7/22/98) The Senate Appropriations Committee approved an appropriations bill on Tuesday, with an amendment that would require schools and libraries receiving e-rate subsidies to install blocking software. The amendment had previously been introduced as Senate Bill 1619 by Sen. McCain on February 9.
Livermore Seeks Dismissal of Blocking Software Case. (7/13/98) The City of Livermore filed a brief in California State Court on Friday asking the court to throw out a mother's lawsuit to force the city's public libraries to install blocking software. Both the City of Livermore, and the ACLU in a separate amicus curiae brief, argue that Section 230 of the Telecom Act of 1996 gives the city immunity from suit.
Istook Amendment Approved by House Subcommittee. (7/2/98) A House Appropriations Subcommittee unanimously approved Rep. Istook's amendment that would require any elementary or secondary school or library that receives federal funds for computers to install software that would block the access of minors to obscene materials on the Internet. On Monday the Congressional Research Service issued an opinion letter stating that the bill is constitutional.
Parent Sues Livermore Library to Block Internet Porn. (6/1/98) A parent of a child who downloaded pornographic pictures at a Livermore California public library filed a lawsuit on May 28 asking the Court to enjoin the library from allowing children access to obscene materials on the Internet, and to obtain monetary damages for any future harm. See, HTML Copy of Complaint.
Motion to Dismiss Denied in Loudoun Case. (4/8/98) U.S. District Court Judge Leonie Brinkema denied the Defendant's Motion to Dismiss in the Loudoun Library case on Tuesday, notwithstanding §230 of the Telecom Act of 1996. The plaintiffs have challenged the constitutionality of the Loudoun County Library's Policy to use blocking software. The Judge also ruled that the use of blocking software by a public library constitutes a prior restraint of speech to which the standard of "strict scrutiny" must be applied. This is a strong indication that this Judge will ultimately rule that the blocking software Policy is unconstitutional.
Gore Endorses Burns Version of S1619. (3/24/98) The prospects for passage of the some sort of bill protecting school children from smut on the net improved when the Vice President announced the Administration's support new legislation on Monday, March 23. However, the specifics remain uncertain.
Internet Bills Approved by Senate Committee. (3/12/98) The Senate Commerce Committee approved two bills by voice vote today. S 1619, the Internet School Filtering Act of 1998, requires that elemenary and secondary schools, and libraries, receiving federal internet access subsidies install the blocking software of their choice. S 1482 bans from the web certain materials which are "harmful to minors". The only no vote came from Sen. Ron Wyden (D-OR), who opposed S 1482.
Hearing in Loudoun case. (2/27/98) Federal Judge Leonie Brinkema held a hearing today on pre-trial motions in Mainstream Loudoun v. Loudoun County Public Libraries. The Plaintiffs seek to prevent the library for using blocking software on its computers, while the Library wants to keep using the software to prevent library patrons from accessing obscene materials on the internet. Both sides asked the judge to rule without going through to trial. Brinkema heard lengthy arguments, but announced no decision.
Judge Strikes Down Law in Urofsky Case. (2/27/98) U.S. District Court Judge Leonie Brinkema yesterday held unconstitutional a Virginia statute barring state employees from using their state owned computers to access sexually explicit materials. State employees have a First Amendment right to use their computers at work to download sexual explicit materials.
Blocking Bills Introduced. (2/12/98) Senators John McCain (R-AZ), Ernest Hollings (D-SC), Dan Coats (R-IN), and Patty Murray (D-WA) introduced in the Senate the Internet School Filtering Act of 1998 on February 9. It requires that elemenary and secondary schools, and libraries, receiving federal internet access subsidies install the blocking software of their choice.
Senate Hearing on Internet Indecency. (2/10/98) The U.S. Senate Commerce Committee held a hearing on indecency on the internet on February 10, 1998. Committee member Dan Coats (R, Ind.), who is one of the Senate's most ardent supporters of legislation to keep indecent and obscene material on the internet away from minors, pressed for new legislation.
ACLU Requests to Intervene in Loudoun Library Case. (2/6/98) The American Civil Liberties Union filed a motion to intervene in Mainstream Loudoun v. Board of Directors of the Loudoun County Public Libraries on behave of eight individuals and organizations who publish on the internet whose web pages are blocked by X-STOP software.