In U.S. v. American Library Ass'n, Inc., the Supreme Court without a majority opinion upheld against a First Amendment challenge the constitutionality of the Children's Internet Protection Act, "which forbids public libraries to receive federal assistance for Internet access unless they install software to block obscene or pornographic images and to prevent minors from accessing material harmful to them."
The Richmond Times-Dispatch has this report, in which all Richmond-area localities claim that they are in compliance with the federal Act, an interesting fact if true.
The case makes me recall that right here in Washington County, more than 20 years ago, there was a great dispute over the books on the shelves in the county library (from which I've had a library card since I was 7). Former Washington County News columnist Lowry Bowman has this account of the library story:
"In March, 1980, three businessmen-two convenience store owners and one the owner of Abingdon's only book store-were arrested on charges of selling pornographic materials, largely such magazines as Playboy, Dude, Hustler, and the like. The Sheriff swore under oath that [the Rev. Tom] Williams originated the complaint, although Williams denies it. It ended in a mistrial when the jury could not agree. During the trial, however, the defense introduced as evidence several popular novels from the county's public library-novels by Sidney Sheldon, Phillip Roth, and others. It argued that the magazines in question were no more pornographic than these novels in popular demand and therefore could not have offended the public morality.
Williams, who sat through the trial, went immediately to the library and demanded from Librarian Kathy Russell White a list of all those who had checked these books out of the library. She refused. The library's Board of Trustees (all appointed by the Board of Supervisors) supported the librarian and condemned any attempt at censorship of library shelves.
The library has a standard procedure to be followed when anyone dislikes its selection of books. There is a complaint form to be filled out and presented to the Board of Trustees. Williams refused the form and went this time directly and immediately 'to the people.' [Supervisor Bobby] Sproles, citing 'egg-headed liberals,' vowed to cut off money for the library unless the books were removed.
But this time there was immediate reaction. Two opposition groups emerged immediately: the 'Friends of the Library' organized under the leadership of Jack Kestner, a retired newspaperman and author of several books for children, and the 'League of County Voters' organized under the chairmanship of Dr. G. A. Larsen, son of a Lutheran missionary.
Larsen called for reason instead of 'paranoia.' He said of Williams and Sproles: 'Despite their proclaimed religiosity they have proven themselves to be false prophets. The people now in power have accomplished a great deal by using methods that I find reprehensible.'
. . .
The public library case has attracted national attention. All three major television networks, city newspapers, and many free-lance writers have descended on a bewildered little Abingdon. Hollywood actor Ned Beatty, who started in Abingdon's Barter Theater and sang in the choir at St. Thomas Episcopal Church, came back to investigate the possibility of making a documentary movie on the subject. Williams has appeared on national TV talk shows - one a debate with author Sidney Sheldon that produced much beat and little light.
The tumult played a major role in Abingdon's municipal elections of May 4, 1982. Spokesmen for three incumbent town council members charged that spokesmen for three challengers were allied with Sproles and Williams. That charge resulted in a $1.7 million libel suit-yet to be tried.
It apparently helped re-elect the three incumbents who promptly began studying a plan to annex the suburbs surrounding Abingdon to raise the town's population above 5,000. Under Virginia law, a town with more than 5,000 population may declare itself a city and literally secede from the county in which it is located, taking its tax base with it. If successful, the move would cost the county government much of its tax revenue.
With a solid majority on the Board of Supervisors, Sproles hit back by hitting the library, the school board, and the sheriffs department where it hurts the most-in the pocketbook. He cut the school budget by $900,000 to eliminate a promised ten per cent pay raise for teachers. He cut the sheriffs budget by $109,000, and the sheriff said he may be forced to sue the county. (Earlier, Sproles called for creation of a 'county police force' under control of the Board of Supervisors.)
Sproles and his majority cut the library's 1982-83 fiscal budget $16,000 below its 1981-82 funding level. State Library officials said this will automatically cost the library $50,000 in state aid, all of which is earmarked for purchase of books and similar library materials. The immediate effect of the budget cut is that the library has had to curtail its hours of operation drastically."
I remember this story in part because the librarian had once been one of my babysitters when I was a wee lad, and I think her mother was the elementary school librarian at the place where I first went to school.
I'm not sure that I put the debate over Internet filters on the same level as that wild library episode in the bad old days of Washington County politics, but I guess some librarians see no difference in the federal government's threat to cut off money to libraries without some limited censorship of the Internet.
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