U.S. District Court Declares Filters on All Library Computers Unconstitutional

Staff -- School Library Journal, 1/1/1999

In the first major ruling on the use of Internet filtering software in libraries, U.S. District Court Judge Leonie Brinkema declared the Loudoun County (VA) Library policy requiring Internet filtering software on all public terminals unconstitutional. After Judge Brinkema's decision was filed, the Loudoun County Library Board of Trustees drafted a new policy stipulating that all customers 17 and under must have signed permission slips to use the Internet, with parents left to check a box on the slip indicating whether their children are required to use filtered Web browsers. Adults are allowed a choice of filtered or unfiltered browsers.In her decision, Judge Brinkema held that while the library has no obligation to provide Internet access, "it has chosen to do so and is therefore restricted by the First Amendment in the limitations it is allowed to place on patron access."Judith Krug, director of the American Library Association's Office for Intellectual Freedom, said that she is "ecstatic" over the ruling. "People like those on the Loudoun County Library Board, who are imputing the motives and actions of young people, know very little about them and their use of the library and computers," said Krug. "The truth is that young people and most people use the Internet in the way that it is meant to be used."