Libraries Agree to Lift Internet Restriction

Arguing that sexually explicit material and obscene material are not the same, the Libertarian Party settled a lawsuit with the county library system this week with an agreement that grants adults unfettered Internet access at library terminals.

Previously, adults had to sign a form saying they would not download sexually explicit material.

The settlement allows for filtering software when minors are online, but lets adults freely view any site, including sexually explicit ones, as long as they are not obscene. It also bars the library from monitoring sites visited by adult patrons.

The county library agency will also pay about $5,000 in plaintiff attorney fees.

William Weilbacher, the attorney who filed the suit for the Libertarian Party, said the standards for determining what is obscene and sexually explicit are very different.

“Sites on safe sex or Playboy magazine are sexually explicit, and while some might find them distasteful, they are not obscene and are certainly protected by the Constitution,” Weilbacher said. “Obscenity is a pretty tough standard to meet. Child pornography could fit, but that is already illegal in itself.”

County Counsel James McBride said the settlement was necessary because it is difficult to uphold a ban of materials under a term as vague as “sexually explicit.”

With public libraries trying to integrate new Internet technologies into their collections, it creates new issues that need to be answered, McBride said.

“A public library is not required to buy any particular material, like Hustler magazine. But when they do decide to buy a book, they can’t tear any of the pages out,” McBride said. “So when it comes to hooking up to the Internet, we have to ask if we’ve just bought the whole marketplace.”

Weilbacher said his clients are happy with the settlement.

“The primary focus of the library was to protect kids and this settlement meets that goal,” Weilbacher said. “Our concern was not so much about being able to download sexually explicit material, as it was the library has no business determining what an adult can see when the materials are protected by the Constitution.”