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Federal judges overturn Children's Internet Protection Act
sacbee.com ^ | By Published 6:20 a.m. PDT Friday, May 31, 2002 | DAVID B. CARUSO, Associated Press

Posted on 05/31/2002 8:45:51 AM PDT by let freedom sing

Edited on 04/12/2004 5:37:14 PM PDT by Jim Robinson. [history]

PHILADELPHIA (AP) - Public libraries can't be forced to use Internet filters designed to block pornography, three federal judges said Friday in overturning a new federal law. In a 195-page decision, the judges said the Children's Internet Protection Act went too far because the filters also can block access to sites that contain protected speech.


(Excerpt) Read more at sacbee.com ...


TOPICS: Business/Economy; Constitution/Conservatism; Crime/Corruption; Government; News/Current Events; US: California
KEYWORDS: children; cip; courts; internet; protection; publiclibraries
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1 posted on 05/31/2002 8:45:52 AM PDT by let freedom sing
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To: let freedom sing
So--why not designate a portion of their computers for the children to use, and the rest as adult only. Seems pretty uncomplicated to me.
2 posted on 05/31/2002 9:02:17 AM PDT by basil
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To: let freedom sing
I wonder if these same libraries have Playboy in their archives...?

This is freeping rediculous. Libraries aren't Federal entities. They can do whatever the hell their state legislatures allow to. Conversely, they are also PROHIBITED from doing whatever their state legislatures FORBID them from doing.

I'm beginning to doubt that there is ANY intelligent life left in the Federal circuit courts. Congress, it's time for an overhaul. You're 140 years overdue.

:/ ttt

3 posted on 05/31/2002 9:19:31 AM PDT by detsaoT
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To: basil
Here's a novel thoguht. Why not let the people who built the libraries decide wheter or not they want to filter out pornography. The Federal snotbox under the States tent again and again.

Now couple this ruling with the last beauty which made virtual child pornography protected speech and guess what becomes available in every library in the country including your childrens?

4 posted on 05/31/2002 9:24:35 AM PDT by jwalsh07
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To: let freedom sing
Anybody got nude pictures of the judges? If not, fake some. They're fair game now.

-archy-/-

5 posted on 05/31/2002 9:28:18 AM PDT by archy
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To: detsaoT
They can do whatever the hell their state legislatures allow to.

Decisions are made much closer to home. Internet filters don't limit free speech, they just modulate the volumne of the screaming me-mees. Every library I've visited doesn't filter, they just post signs and ask the person to leave if they view porn. What's the difference?

When the ACLU gets one of these cases, I hope the librarians won't be forced to curtail their policing.

6 posted on 05/31/2002 9:42:00 AM PDT by let freedom sing
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To: let freedom sing
The Supremes have lost any sense of balance in this ruling. The amount of obscene and corrupting material on the internet has just grown exponentially to extreme poroportions. On top of that the producers of this garbage are using all sorts of methods to get this material into the hands of children so they can create porn-addicts for future consumption.

But in the interest of making sure that people who can't (or won't) buy their own computers can have public library access to porn, they are willing to enable the the garbage perveyors to have unhindered access to those young corruptable minds! The court seems to have no problem restricting free speech when it comes to cigarette ads but God forbid we should protect our kids from the trash on the web.

7 posted on 05/31/2002 9:59:39 AM PDT by NilesJo
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To: archy
Public libraries can't be forced to use Internet filters designed to block pornography

Local community standards-- it's your right to speak up in a public library meeting and ask for filters, or fill out a comment card at the desk.

8 posted on 05/31/2002 10:02:35 AM PDT by let freedom sing
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To: NilesJo
If they filter out the porn, where will the winos go to masturbate?

I have a better idea. Yank the Internet from the libraries.

9 posted on 05/31/2002 10:05:27 AM PDT by AppyPappy
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To: NilesJo
The court seems to have no problem restricting free speech when it comes to cigarette ads but God forbid we should protect our kids from the trash on the web.

You're right on that one,-- doesn't seem fair, does it?

On the other hand, they're only kids-- they don't vote, so they can't be as equal as the rest of us. /sarcasm

10 posted on 05/31/2002 10:07:16 AM PDT by let freedom sing
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To: archy
I'm in Ireland. But this week a Circuit Court judge has been forced to step down from the bench over here, as Gardai (police in Ireland) investigate him for downloading child porn off the 'net!
11 posted on 05/31/2002 10:08:25 AM PDT by Happygal
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To: detsaoT
I believe the reason the arguments against CIPA were successful were because filters don't work the way "library filtering" is supposed to work. The librarian and community makes a conscious decision not to subscribe to Playboy, for example.

On the other hand, internet filtering software has a secret and copyrighted database of restricted web sites. Libraries that use internet filtering are simply handing over the restriction process to an outside company that hides its methodology from the local community. In many cases, the methodology and databases are poor and out-of-date, thus restricting access to legitimate data.

On a note unrelated to the constitutionality of the issue, the federal funds that the libraries receive cannot be used to pay for or maintain the filtering software itself. Some libraries decided that it was not worth the time and expense to get the federal money if they'd have to dip into their own funds to follow federal filtering regulations. Thus, it was reported by the washington post that in Virginia, only small libraries tended to accept the fedeal funds and install filtering, whereas larger libraries didn't want to deal with the trouble involved.

12 posted on 05/31/2002 10:08:26 AM PDT by constans
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To: archy
Believe me. I know these three judges, and you do NOT want to see nude pictures of them.
13 posted on 05/31/2002 10:37:25 AM PDT by blau993
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To: let freedom sing
Local community standards-- it's your right to speak up in a public library meeting and ask for filters, or fill out a comment card at the desk.

Just as I can voice my opinion that Jews or Negroes should be excluded from using the library's services, if I feel that way.

But they'd better not do it:

US Code, Title 18, US Criminal Code; Section 242:
Deprivation of rights under color of law

Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, or to different punishments, pains, or penalties, on account of such person being an alien, or by reason of his color, or race, than are prescribed for the punishment of citizens, shall be fined under this title or imprisoned not more than one year, or both; and if bodily injury results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse, or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death.

By the way: a person who charges a library with unlawfully censoring internet access can pick up TRIPLE damages since it's a civil rights charge, and the attorney handling the case gets time-and-a-half his usual fee. At a fairly typical $195/hour, what my attorney charges, that would break most library budgets after a few weeks litigation, not to mention the Official Misconduct charges in many states that can also result from a violation of federal law by a state or local governmental employee, and which carry removal from office as one possible and likely punishment for such scofflaws.

-archy-/-

14 posted on 05/31/2002 12:42:18 PM PDT by archy
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To: let freedom sing
Okay, so smelly, homeless Democrat perverts can now massage themselves at the computers of local libraries as they view their kiddie porn.

Congratulations, liberals - - you win this round.

15 posted on 05/31/2002 12:51:12 PM PDT by Lancey Howard
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To: archy
Interesting idea.
16 posted on 05/31/2002 12:52:41 PM PDT by Registered
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To: detsaoT
AS much as I hate porn for children, I am always reminded of how he waved his finger and said sex in the public Whitehouse is none of our business all the while he imposed his socialist policies in our own bedrooms. Yet, libertarian presidential candidate supported that posture. so go figure.

So really, here, I would grant this responsibility to the state pending it does not violate some anti-salvery law. However, if a state unwittingly allows the theft or enslavement of children via the net into sex via those offices, the state should be held accountable. A child ending up paying with some stolen credit card number a porn site could make the state liable for such potential human traffic.

In the end, pure consumption curbing laws, however, should be the state's or even the parent's choice, for the government is a sinner with conflict of interest in the prosecution of such behaviors. (hint: the government is a voracious consumer and would ultimately hold monopoly powers over the contorl of the economy this way). The difficulty here is finding whether the child is object of exploitation or is potential exploitating agent of materials and ideas. The former would involve the feds, the latter not.

17 posted on 05/31/2002 1:06:19 PM PDT by lavaroise
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To: archy , let freedom sing
Local community standards-- it's your right to speak up in a public library meeting and ask for filters, or fill out a comment card at the desk.

Just as I can voice my opinion that Jews or Negroes should be excluded from using the library's services, if I feel that way.

But they'd better not do it:

Color is a material model with no inherent jurisdiction, a child is an imperfect jurisdiction that requires a substitute supervising jurisdiction. Refusing a child's entrance would not be a violation or discrimination, it would be exercising substitute jurisdiction appropriately according to community standards.

18 posted on 05/31/2002 1:13:22 PM PDT by lavaroise
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To: ALL
The judges were right (but for the wrong reason). It would be nice if the courts would visit the question "is it constitutional for Fedgov to give $$$ to local libraries?"

For you naysayers out there, if you live in a community where the library does not use software, you're living in the wrong neighborhood, or the wrong people, on your dime, are running said library.

19 posted on 05/31/2002 2:28:05 PM PDT by Senator Pardek
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To: AppyPappy
I have a better idea. Yank the Internet from the libraries.

I have a much better idea. Eliminate public libraries altogether. Government at even the most local level has no right to provide reading material at taxpayer expense.

20 posted on 05/31/2002 3:25:06 PM PDT by southern rock
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