Censorship News

Invasion of Privacy v. Freedom of Speech. (5/30/01) The California Court of Appeal issued its opinion [PDF] in M.G. v. Time Warner, a case involving privacy rights and the California SLAPP statute. This is a case involving old media -- magazines and TV -- not Internet technology; however, the legal issues involved also pertain to Internet media and speakers. The Court held that in this case the claim of the individuals' whose privacy was invaded by the reporting of Time Warner overcomes the news medium's SLAPP motion.

EEOC Finds Library Policy of Unrestricted Internet Access Creates Sexually Hostile Work Environment for Librarians. (5/23/01) The Equal Employment Opportunity Commission (EEOC), Minneapolis Area Office, issued a Determination that the Minneapolis Public Library subjected librarians employed by the library to a "sexually hostile work environment" in violation of Title VII of the Civil Rights Act of 1964 for maintaining a policy of unrestricted Internet access.

House Telecom Subcommittee Holds Hearing on CIPA and E-Rate. (4/4/01) The House Commerce Committee's Telecom Subcommittee held a hearing titled the "E-Rate and Filtering: A Review of the Children's Internet Protection Act" on Wednesday, April 4. Proponents and opponents debated the merits of a bill that has already become law.

COPA Commission Issues Report to Congress. (10/23/00) The COPA Commission, which was charged by Congress with making recommendations for protecting children from online porn, released its report to Congress at an event on Capitol Hill. It recommended that the "online commercial adult industry should voluntarily take steps to restrict minors' ready access to adult content."

Judge Overturns Virginia Internet Porn Statute. (8/10/00) A U.S. District Court judge in Virginia held unconstitutional a Virginia criminal statute affecting Internet porn. Judge Michael held that the law violates both the First Amendment and the Commerce Clause, and enjoined its enforcement. See, statute, Order, and Opinion.

Rep. Franks and Rep. Pickering Re-Introduce Filtering Bill. (6/9/00) Rep. Pickering and Rep. Franks announced their re-introduction of the Children's Internet Protection Act on Thursday, June 8. The bill would require schools and libraries that accept e-rate subsidies to use filtering technology.

House Subcommittee Criticizes DOJ for Not Prosecuting Internet Obscenity. (5/24/00) Republican members of the House Telecom Subcommittee and Department of Justice officials squared off in an angry and theatrical debate over prosecution of Internet obscenity at a hearing on Tuesday, May 23.

FEC Takes No Action Against Anti-Bush Web Site. (4/20/00) The Federal Election Commission released a letter which states that it will take no action against Zach Exley, the operator of a parodic and defamatory web site. A complaint was filed on behalf of the George W. Bush presidential campaign seeking to have Exley penalized for allegedly failing to file campaign expenditure reports, and other purported election law violations.

HUD Targets Hate Speech on the Internet. (3/20/00) The Department of Housing and Urban Development is taking action against hate speech on the Internet. HUD is conducting an investigation involving hate speech on the Internet by the Klu Klux Klan. HUD has also formed of a task force on the issue.

Rep. Istook Blames Clinton-Gore Administration for Stopping Porn Filtering Legislation. (3/16/00) Rep. Ernest Istook stated on March 15 that the only reason that his appropriations amendment requiring that no taxpayer dollars be spent to provide access to Internet pornography did not get through the entire appropriations process was because the Clinton-Gore administration opposed it. He spoke at a Family Research Council event on the use of Internet filtering software in public libraries. See, Rep. Istook's address.

Commission on Child Online Protection Off to Slow Start. (3/8/00) The Commission on Child Online Protection held its first meeting on Tuesday, March 7. Its members discussed organizational matters only: it has no staff, no money, and no schedule. Yet its report on protecting child on the Internet is due by November.

Do Web Sites Violate the Americans with Disabilities Act? (2/10/00) A House subcommittee held a hearing on Wednesday, February 9, on the applicability of the Americans With Disabilities Act to web sites. Witnesses argued that most of what is on the Internet today violates the ADA.

FCC Recants Order Restricting Religious Broadcasters. (1/30/00) The FCC released an order on Friday, January 28, which vacated those portions of a previous order which restricted religious broadcasting. Last month the FCC issued an order in a license transfer proceeding that stated that much of the programming by religious broadcasters does not qualify as educational programming under FCC rules. See, original Order and Order on Reconsideration.

Kathleen R. Files Brief in Internet Filtering Case. (1/14/00) Kathleen R., the plaintiff and petitioner in a legal action against the City of Livermore to compel it to use filtering software on computers used by minors, filed her reply brief with the California Court of Appeal on January 10. See, Reply Brief.

Oxley Will Introduce Bill to Reverse FCC Decision Restricting Religious Broadcasting. (1/14/00) Rep. Mike Oxley and other Representatives say they will introduce a bill when the Congress reconvenes that will reverse the FCC's recent decision restricting religious broadcasters who hold noncommercial TV licenses. See, FCC decision and Oxley bill.

Internet Filtering Issues to be Decided by Voters In Michigan. (12/16/99) Filtering proponents in Michigan are taking advantage of the state's initiative and referendum laws to put the issue directly to the voters. They seek to pass ordinances that require porn filtering software on all public library computers which can be used by patrons to access the Internet, save one, set aside for adults.

Appeal Briefs Filed in Livermore Library Filtering Case. (10/21/99) The City of Livermore and the ACLU filed their appeal briefs with the California Court of Appeal on Monday, October 18. Both seek affirmance of the trial court's dismissal of a resident's suit to compel Livermore's public library to use filtering software on computers with Internet access that are used by children. See, Livermore Brief and ACLU Brief.

Senate Committee Holds Hearing on Internet Hate Speech. (9/16/99) The Senate Judiciary Committee held a hearing on hate speech on the Internet on Tuesday, September 14. While Senators suggested legislation may be appropriate, Wade Henderson, of the Leadership Conference on Civil Rights, cautioned against government regulation.

Sen. Santorum Introduces Filtering Bill. (8/15/99) Sen. Rick Santorum introduced a bill pertaining to the use of filtering software by schools and libraries receiving e-rate subsidies. It would allow schools and libraries far more discretion than the bills sponsored by Sen. John McCain and Rep. Bob Franks. See, S 1545 IS.

Kathleen R. Library Filtering Appeal Proceeds. (8/14/99) Kathleen R. filed her original appeal brief with the Court of Appeal of the State of California on July 16. She is attempting to compel the Livermore Public Libraries to install filtering software on Internet access computers used by children. The attorneys have agreed to an extended briefing schedule that means that the Court will probably not decide the appeal until well into the year 2000. See, Appeal Brief.

Rep. Istook Introduces Filtering Bill. (7/25/99) Rep. Ernest Istook again introduced a bill that would require all schools and libraries receiving federal funds to acquire or operate computers to use a filtering technology to protect children from Internet porn. See, HR 2560 IH.

Senate Committee Passes E-Rate Filtering Bill. (6/24/99) The Senate Commerce Committee approved an amended version of S 97, the Children's Internet Protection Act, by a voice vote on Wednesday, June 23. The bill requires schools and libraries receiving e-rate subsidies to certify that they use software to block access to material that is either "obscene" or "child pornography." See, S 97 (Committee Amendment).

House Adopts Franks' Internet Filtering Bill. (6/18/99) The House adopted the Franks amendment to the juvenile crime bill, which requires schools and libraries receiving e-rate subsidies to install filtering or blocking technology for computers with Internet access. See, bill adopted by the House.

Loudoun Library Decides Not to Appeal Filtering Decision. (4/21/99) The Board of Trustees of the Loudoun County Library voted 7 to 2 on Monday night, April 19, not to appeal Judge Brinkema's decision holding the library's previous Internet filtering policy unconstitutional.

NTIA Opposes Mandatory Filtering Under E-Rate. (4/13/99) NTIA head Larry Irving sent a letter to FCC Chairman William Kennard on April 7 in which he stated opposition to mandated filtering in the FCC's e-rate program. He wrote that "the Federal Government should not mandate a particular type of technology, such as filtering or blocking software." There are bills pending in Congress that would require all schools and libraries receiving e-rate subsidies to install and use software that filters out Internet porn. See, copy of letter.

Judge Awards ACLU and PFAW $106K in Loudoun Case. (4/13/99) Judge Leonie Brinkema awarded the ACLU and People for the American Way $106,918.25 in attorneys fees and costs in their suit against the Loudoun County Library for using software to filter out Internet porn. They had asked for over $488,000.00. The decision may lead the library board to decide not to pursue an appeal when it next meets on April 19. See, copy of attorneys fees opinion.

Supporters of Internet Filtering Back Franks-McCain Bill. (3/3/99) Supporters of the Children's Internet Protection Act held a press conference on Capitol Hill on Tuesday afternoon, March 2. Leaders of several groups, and Rep. Bob Franks, stated the case for requiring schools and libraries which receive e-rate subsidies to use filtering software to protect children from Internet pornography and child predators.

Appeals Court Reverses District Court in Urofsky Case. (2/12/99) The U.S. Court of Appeals for the Fourth Circuit reversed a trial court decision which had struck down a Virginia law which barred most state employees from using their work computers to view porn. The ACLU had successfully argued in the trial court that the law violated First Amendment free speech rights. See, copy of Appeals Court Opinion.

ACLU and PFAW Seek $488,610.10 in Attorneys Fees in Filtering Suit. (2/10/99) The ACLU and People for the American Way have requested a total of $488,610.10 in attorneys fees and costs in their suit against the Loudoun County public library for using software that filters out Internet pornography. Last November Judge Binkema ruled against the library, on motions for summary judgment, without a trial.

Billing Records Reveal Details of Loudoun Filtering Case. (2/10/99) When the ACLU and People for the American Way filed their demands for $488,610.10 in attorneys fees in the Loudoun Library filtering software case, they filed their daily time records, as is expected. These records detail the claim and provide a rare inside glimpse into the activities and operations of the lawyers. And in contrast, the lawyers for the Loudoun library, and lawyers doing similar work in similar matters, put in far less work.

Appeal Still Possible in Loudoun Case. (2/10/99) Its has been nearly three months since U.S. District Court Judge Leonie Brinkema issued her decision which held unconstitutional the Loudoun Country library's Internet porn filtering policy. However, the question of whether the library will pursue an appeal is still up in the air, largely because of an irreconcilable dispute over how much attorneys fees the ACLU and People for the American Way should get. They want $488,610.10.

McCain and Hollings Reintroduce School Filtering Bill. (1/22/99) Sen. John McCain and Sen. Ernetst Hollings reintroduced a bill that would require schools and libraries receiving universal service funds under the "e-rate" program to use filtering software on computers with Internet access. See, S 97, Childrens' Internet Protection Act.

Judge Dismisses Livermore Library Filtering Suit. (1/15/99)  Judge George Hernandez dismissed the suit Kathleen R. v. City of Livermore on Thursday, January 14.  The Plaintiffs had sought to compel the City's public libraries to install software that blocks obscene material on computers used by children. The Plaintiffs will appeal.