Home Library Links Divisions Site Map

 

Nevada Library Association Logo

Nevada Library Association

  Publications
 

About the NLA
Organization
Membership
Events
Legislation
Publications
Employment


Nevada Library Association

 
    Intellectual Freedom Handbook, 1999

    Frequently Asked Internet Questions

    June 1998

    In response to numerous questions on the specifics of filtering issues, the ALA Intellectual Freedom Committee has developed the following questions-and-answers document to provide guidance to librarians on these and related matters. This document is by no means comprehensive, and the Committee anticipates adding to it on a regular basis.

    Internet Questions

     

    1. Is filtering okay in the children's room? Is it okay to filter in the children's room if children are permitted access to unfiltered computers outside of the children's room?

      This is the most frequently asked question public libraries are facing in 1998. It appears that those public libraries that are doing five things simultaneously are meeting the most success in providing Internet access to children in children's rooms. They are 1) developing a broad Internet use policy that is part of rather than separate from overall library use policies; 2) educating the entire public regarding the Internet policy and regarding use of the Internet itself; 3) providing unfiltered Internet access in the children's room; 4) strongly encouraging parents to guide their children's use of the Internet in libraries; and 5) providing professional advice in the area of Web site selection to obtain information.

      No may be a simple answer to question 1, but this five-part reply has proven the best public library response to questions regarding access to the Internet for children. Providing some filtered and some unfiltered access raises First Amendment issues for those relegated to the filtered machines when time or use constraints force a choice between filtered or no access.

    2. Is filtering okay in school library media centers?

      In order to provide the best learning environment, school library media center access should not be filtered. Current filter technology prevents comprehensive access to constitutionally protected information that is commonly needed in supporting school curricula. As more and more government documents and other information sources publish only on the Internet, unfiltered access may be the only method of accessing current information.

      It is appropriate for schools to impose time, place and manner restrictions in order to provide equitable access to all users. Examples of this include time limitations, designated terminals, and priority given to curriculum information use.

      Schools may be subject to liability if district policy implies protection from certain information commonly filtered and the filter fails to block a site that contains that information.

      All library system and network procedures and regulations relating to electronic resources and services should be scrutinized for potential violation of user rights.

    3. Is filtering the Internet akin to limiting the use of meeting rooms?

      Background

      Libraries always have protected and defended the rights of individuals and groups to meet in the library. Users may discuss ideas and topics without interference and without oversight of the content of the meeting or discussion by library staff or others.

      Libraries apply, without exception, this same principle to an individual's access to the Internet and to sites that he or she wishes to consult or view.

      Libraries may schedule and control the use of its facilities and equipment by individuals and groups, but never interfere in the content of meetings or the interest of its users.

      On those rare occasions when users may be engaged in illegal activity, the library will follow those same policies that it would follow under all circumstances.

      Answer

      Although both situations involve limits on use, there is a fundamental difference between the two.

      Meeting room use is limited by time and space constraints. With the exception of prohibiting illegal activities, libraries do not require any content restrictions on their use.

      Filtering, however, is entirely a content-based restriction on the open access to information.

      Under some circumstances?

      No. Although both are limits on use, note again that there is a fundamental difference in that filtering is content-based and libraries do not have content-based limits on meeting rooms use.

      In providing public meeting room facilities, libraries have historically placed limits on their use. These limits include time limits on use, on the number and type of spaces available, and the setting up of procedural requirements for meeting room access.

      In providing public access computers, libraries place limitations on terminal use time, in the number and type of terminals available at any one time, and have set up procedural requirements for their use.

    4. What do I do when I find a child looking at sexually explicit information online?

      School
      The primary function of a school library media center is to support the school curricula. All policies and procedures that apply to student behavior apply to Internet use.

      If viewing sexually explicit material is a violation of your district policy, take the appropriate action according to the policy.

      Public
      Public libraries have a different mission that involves a broader scope. Most libraries have user behavior policies in place that should be applied to Internet use as well. Libraries do not have policies that restrict the content or use of information provided by the library. Therefore, these policies also protect Internet use.

      Academic
      Academic libraries, like school library media centers, support the mission of the parent institution. All policies and procedures that apply to student behavior apply for Internet use.

      Summary
      In all cases, materials deemed illegal by the appropriate judicial body should not be viewed.

    5. How do libraries deal with materials "harmful to minors" on the Internet? Does any existing law require them to deal with such materials?

      Libraries are in the business of helping people find information. The Internet is simply the latest resource libraries are using to achieve that purpose.

      The Supreme Court has ruled there are certain narrow categories of speech not protected by the First Amendment: obscenity, child pornography, defamation, and speech that incites imminent lawless action (e.g., shouting "fire" in a crowded theater). In addition, states and some localities have "harmful to minor" laws. Librarians should consult their attorneys to determine whether and how "harmful to minor" laws apply to their library's Internet access. Be aware that laws are in flux (or rapidly changing).

      In concert with their attorney's specific advice, libraries also may:

         

      • Address Internet access as part of overall library use policies and procedures.

         

      • Communicate Internet policies to users.

         

      • Educate staff and users to identify and locate information on the Internet.

         

      • Develop Web bookmarks of recommended sites for minors or provide links to professionally prepared sites such as ALA's 700+ Great Sites for Kids and the Adults Who Care About Them.

    Other Internet Issues

    1. Are libraries required to provide Internet access? Full Internet access, e-mail, news groups, and so forth?

      Libraries always have attempted to provide access to the widest spectrum of information and in the richest variety of formats as possible to its users.

      This variety of formats extends to all print and non-print formats.

      Computers provide for a variety of means to access information. In their efforts to provide users with a full range of services, libraries should explore offering all the features available through computer technology and the Internet.

    2. Why can't libraries let parents decide for themselves what their children will access in the library?

      From the libraries' perspective, it is the parents and only the parents who should decide what their children will access in the library. For that to happen successfully, the parents must inform their children of these decisions. Libraries encourage parents to take a primary role in guiding their children in seeking information. That guidance relationship must remain between the parent and child and cannot be delegated to the library.

      Libraries offer many services to assist parents in making informed decisions with which to guide their children in this area. Libraries specifically develop children and young adult collections that contain material selected to support the interests and needs of young people. Library collections also contain information and advice helpful to parents. Library staff can answer questions, offer information on reading, and present workshops on library use for families.

    3. Why should my tax dollars pay for access to offensive materials?

      Taxes support free inquiry that allows citizens to inform themselves so they can fully participate in our democracy. We are a diverse society and what offends one, enlightens another. Moreover, citizens have long found it wise to remain informed about opinions and ideas they oppose. The free marketplace of ideas cannot be partitioned and still function.

    4. What gives the American Library Association the authority to tell libraries what to do?

      The American Library Association (ALA), with a membership of over 57,000 professionals, represents librarians throughout the United States. The direction and focus of this professional association is guided by librarians from public and private institutions, employed at school, research, religious and corporate libraries, located in both urban and rural areas. ALA, through democratic processes, sets goals and standards that libraries and librarians freely choose to follow to successfully provide quality services to their communities. New standards and policies on emerging issues, such as access to the Internet, are regularly developed. Libraries that follow and embrace the ALA policies offer users throughout the country high-quality, consistent and open access to information. It is the cumulative effort of ALA, as practiced by libraries and librarians, that has raised U.S. libraries to the distinction of the most free and unfettered access in the world.

    5. If libraries don't subscribe to materials like Hustler, why should libraries allow access to hardcore porn online?

      The Internet enables library users to access a tremendous array of materials not subscribed to or purchased by their local library. Examples of such materials include ephemeral texts, religious and devotional materials, electronic newsletters and Web sites from small groups that do not publish through customary channels, and nearly instantaneous, graphic images of many world events, even images of war. Libraries cannot and should not restrict access to materials, because they or a particular user might find them objectionable.

 


Links to non-ALA sites have been provided because these sites may have information of interest. Neither the American Library Association nor the Office for Intellectual Freedom necessarily endorses the views expressed or the facts presented on these sites; and furthermore, ALA and OIF do not endorse any commercial products that may be advertised or available on these sites.

Copyright © 1999, American Library Association.

Spacer gif Home | Links | Divisions | Site Map

    Updated August 09, 2001