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S.F. Court To Rule on Internet Pornography in Libraries

Appeal ruling could force public libraries to restrict Internet access in California.

January 25, 2001
By Michael Singer: More stories by this author:

In a case that could possibly steer the fate of Internet access to online pornography in California libraries, three San Francisco judges are reviewing the arguments of a group that asked the state appeals court Tuesday to block that kind of Internet access to minors.

The judges have less than 90 days to issue a ruling, but that hasn't stopped the debate outside the courtroom.

"We're not talking about simple Playboy pictures," appeals lawyer Michael Millen said. "We're talking about extremely obscene images."

The case stems from claims that a 12-year-old boy may have downloaded pornography from a library computer at the main branch in Livermore to view it later on a relative's computer. The lawsuit was originally was dismissed in 1999 by an Alameda County Judge.

The appeal filed by Sacramento-based Pacific Justice Institute does not seek damages, only an injunction against the library's policy.

At Tuesday's hearing, defense lawyers countered that the library is immune from the suit in the same way that ISPs, such as America Online, cannot be held liable for hosting indecent material.

However, the tide could be changing. Congress recently approved legislation demanding that libraries use some type of blocking filter on computers to prevent children from being exposed to pornographic material.

"The libraries are basically in a dammed if you do and dammed if you don't position," said Justice Patricia Sepulveda at the hearing Tuesday.

"We feel very strongly that we don't want to be put in the position of telling anyone what they can read, see or hear," says Livermore library director Susan Gallinger, who has support of the city, the American Library Association and the local American Civil Liberties Union.

If the case is reinstated, some speculate the argument could go all the way to the Supreme Court.

"Despite what the court may decide, this lawsuit has already opened the door for public debate and increased the possibility of federal legislation on the matter," says Millen.

The Associated Press contributed to this report






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