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Editorial: Libraries walk a tightrope on porn

January 05, 2012|From the Los Angeles Times

When a homeless man was accused of fondling himself in the Laguna Beach Public Library, the ensuing outcry was less about the alleged behavior than about the pornography the man was viewing on the Internet at the time.

Some people had never realized before the November incident that libraries, originally intended as great institutions of public edification through books, could be used these days as sources for viewing porn. Others were all too aware of the issue because they had seen, in this library and others, library computers regularly used for decidedly unlofty pursuits, even when there were children around who could easily see the screens.

Librarians in Laguna Beach and at most other libraries have insisted that they are obliged to provide Internet access to pornography as a matter of their clients' free-speech rights; limiting or prohibiting access to certain kinds of information amounts to censorship, in their eyes. The reality is more complicated, though.

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Despite what the librarians say, libraries already restrict access to certain kinds of print material by using their scant financial resources to purchase some books and magazines rather than others. Libraries are far more likely to have copies of the New Yorker on the periodical shelves than copies of Hustler. True, Internet access to porn sites doesn't cost a library more than access to Wikipedia, but both involve making judgments about the relative worth of some materials over others.

The U.S. Supreme Court's take on this issue is mixed. In 2003, the court upheld a law requiring libraries that received certain forms of federal funding to filter out pornography so that minors couldn't view it. Four members of the court signed on to an opinion saying that libraries had no 1st Amendment obligation to provide access to pornography at all.

"To fulfill their traditional missions of facilitating learning and cultural enrichment, public libraries must have broad discretion to decide what material to provide to their patrons," the plurality opinion said. "…The decisions by most libraries to exclude pornography from their print collections are not subjected to heightened scrutiny; it would make little sense to treat libraries' judgments to block online pornography any differently."

In the end, the interpretation adopted by the court was that the online filters did not violate the 1st Amendment, as long as they were temporarily disabled for adults who requested access.

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