Libraries and the First Amendment

NOTE: The author presented this edited speech to the League of Women Voters of Champaign County, Champaign on Thursday, June 10, 1999.

In preparing for this presentation, I wondered what I should talk about today. The letter of invitation or just turning on the TV, listening to the radio or reading the newspaper certainly should give me ample clues. In fact, as stated in the press release, our topic today "is especially timely in light of the discussions after the Littleton shootings about young people's access to certain kinds of materials through the Internet." The topic's identification is easy—the Internet; the problems are apparent; but the solution, as is frequently true with complicated issues, is far from quick or easy.

Today, I will talk about the Internet and offer some recommendations to parents and librarians. I believe they are common-sense suggestions; they are not absolute solutions.

Before I immediately launch into talking about the Internet, I would like to mention that libraries in the United States have been struggling to ward off censorship and promote intellectual freedom for decades. History shows that libraries in this country are constant targets of censorship pressures because they carry a wide range of materials, including works that offend some people. To give you some idea of the scope of the materials currently challenged, the works of Henry James, Mark Twain, Toni Morrison and Ernest Hemingway are considered obscene by some. Here in Illinois over the last three years, the following well-known authors or titles were challenged as obscene: Chaucer's Canterbury Tales, Barbara Kingsolver's The Bean Trees, Judy Blume's Forever, Arthur Miller's Death of a Salesman, John Steinbeck's Of Mice and Men, and Kurt Vonnegut's Breakfast of Champions.

The debate frequently centers around junior or senior high school students' access to information. The most commonly challenged books are those dealing with sex or sexuality, followed by books challenged for offensive language. In my estimation, the reasons to ban a book can sometimes be very silly — The Diary of Anne Frank because it is a real downer; Tarzan because Tarzan was living in sin with Jane; and My Friend Flicka because a female dog is called a bitch. These examples or the recent examples of challenged "classics" in Illinois belie the seriousness of this issue and the concerns that are raised.

Libraries are not indoctrination or propaganda centers. Librarians know that their responsibility is to provide collections that offer ideas and information across the spectrum of social and political thought. When librarians fulfill this responsibility, individuals can then exercise their right to seek and receive information from all points of view without restriction. But in fulfilling our responsibility, librarians tolerate—and make available—ideas some people (including themselves) may consider untrue, or unpleasant, or detestable or even harmful.

Free expression is the bedrock of our constitutional republic. We expect people to be self-governing, but to do so responsibly and effectively, our citizens must be well informed. And the best place to become informed is the library. Anyone who goes there should be able to find whatever ideas and information they want or need. The likes, dislikes, beliefs and values of some library users should not limit the access of others to the information they want. A library serves the needs of all the people of the community, not just the vocal, not just the most well-connected, not just the most powerful, and certainly, not just the majority—but all the people.

Libraries are marketplaces of ideas. In fact, I believe they are the best examples of marketplaces of ideas.

Today, the focus of the censorship debate is shifting from the library's carefully selected print collections to the electronic world. Libraries and librarians around the nation are struggling with the realization that they no longer select what is appropriate for their community or collection, and they must determine what free speech means in the age of the Internet.

* Robert P. Doyle, Executive Director, Illinois Library Association, Chicago.

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The Internet, World Wide Web, information superhighway and cyberspace are all words used to describe the most innovative and exciting learning tool of this century. At the touch of a keyboard, you can read the London Times or watch a volcano come to life on a computer screen. You can read a story to your child, "visit" Hawaii, or view an original copy of Lincoln's Gettysburg address. You can also send electronic mail to anyone in the world.

The sheer volume of places to go and things to do online can be overwhelming. It can also make it difficult to find the exact information you want. In fact, some people have compared cyberspace to a library with all the books dumped on the floor.

Librarians are experts at selecting, organizing and categorizing information so it is easy to find and use. Today, we are applying those same skills to cyberspace so that you or your child can take the best advantage of the vast resources it offers.

Like radio, movies and TV before it, there is concern about children's use of this new medium. Teaching your child to make wise choices is one of the most important things a parent can do.

What are the dangers? What is the "dark side" on the Net?

Sexually explicit photos and language and offensive language are probably the chief areas of concern or at least the most often targeted by concerned citizens, the media and the legislature. When legislation is proposed, as was done recently in the Illinois General Assembly, the target is to filter, screen or block sexually explicit sites. This proposed legislation was introduced after the shootings in Littleton, Colorado, and I find it extremely surprising that there was no mention of a statewide mandate in schools to block hate or violence sites. The proposed legislation only focused on sexually explicit materials. (The proposed legislation was defeated in the Illinois General Assembly.)

Another primary concern is children meeting adults on the Net. I'll repeat this suggestion later, but we must tell our children to never arrange to meet in person someone you've met online unless you discuss it with your parents and an adult goes with you.

There are, however, several issues that have not received a lot of media attention. Young people can sign on to the Internet to purchase alcoholic beverages (with a credit card from a small group of purveyors who don't verify age). Another problem that is starting to surface is online ordering of prescription drugs without a fact-to-face consultation with a doctor. Essentially, anyone can sign on to the Internet, fill out an application for a prescription drug, and there's no way to verify if the medical information is true. There's also a variety of gambling sites run from outside the United States that allow children to gamble for free using pretend money. The more they gamble for free, the more likely they are to send real money and open a gambling account.

What can parents do?

First, realize that many parents have a feeling of powerlessness that their children are getting into areas that they don't understand. This is a normal reaction. For some parents, the Internet is something brand new and they simply don't have the same level of knowledge that their children have about computers.

Second, it's important for parents to educate themselves about this technology and the opportunities for fun and learning it offers. Just as there are different TV channels and kinds of magazines, there are many different types of places to visit in cyberspace.

Spending time online with your child is one of the best ways to learn and to teach responsibility, good conduct and values that are important to you. Ask children to share their favorite Web sites and what they like about them. Help them discover Web sites that can help them with their homework, hobbies and other special interests.

Third, teach your children "netiquette" - how to behave online. Such straightforward rules as not typing in all capital letters (it looks like you are shouting), being polite and keeping quiet in chat rooms until you get a sense of what people are talking about, are simply good manners as well as common sense.

Fourth, there are some basic safety tips. The best way to ensure your child's safety on the Internet is to be there. Of course, that is not always possible. Just as you teach your child rules about dealing with strangers outside the home, you must provide rules for communicating online.

Here are some suggested rules for children:

• Don't use your full name, address, telephone number or school name anywhere on the Internet without talking to your parents first.

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• Tell your parents or another adult you trust if you see something online that is scary or that you don't understand.

• Don't respond to messages that make you feel uncomfortable or uneasy.

• Never give out a credit card number or password online.

• Never arrange to meet in person someone you've met online unless you discuss it with your parents and an adult goes with you.

Teach your children to be wise consumers in cyberspace. Not everything they see or hear may be true. Some sites may be trying to sell them something.

The vast majority of Internet sites are perfectly safe. But, like the real world, the virtual world contains some sites with sexual, violent and other content that may not be appropriate for children. Since different families have different standards, it's important to establish clear guidelines for your child's Internet use.

If you have a home computer, a number of software programs are available to block Web sites you may not want your child to visit. The number of commercial filtering products is rapidly proliferating. The most widely used method of filtering is keyword blocking, which blocks sites that contain specific words or phrases. another method is host or site blocking, in which specific Internet sites are selected for blocking. Protocol filtering, which is the blocking of entire domains, is heavily used in homes and schools. The problem is that all these methods can result in the unintentional blocking of useful and constitutionally protected material.

During a recent U.S. Congressional hearing on filters, Senator Rollings from South Carolina asked if filters could really work to block kids from inappropriate material. Dr. Peter Nickerson, president and CEO of N2H2, a server-based Internet filtering company, answered, "It works where it is in place, but kids can always get around it." So, please remember that filters are not totally effective, and even if filters were 100 percent effective, this software is no substitute for parental guidance. Children need our guidance in learning critical viewing and thinking skills and in making wise choices.

Fifth and finally, and maybe many of you already do this, you might want to locate your home computer in a family area.

How can librarians help parents?

First, libraries need to establish a solid, detailed Internet policy that explains in detail what is appropriate behavior and inappropriate behavior. This goes for adults as well as children. Part of the online policy might be procedures for parental permission forms that outline what sort of access is permissible for their children. Other parts of the policy might be to provide separate terminals for adults and children; restricting the use of chat rooms by children to sites that have been specifically approved (e.g., moderated chat groups, designated interactive sites, such as homework helpers, museums and zoos); installation of privacy screens or recessed monitors; requiring patrons to sign up for the use of Internet access terminals and acknowledge their understanding of the libraries' Internet use policies, etc.

Second, librarians need to develop and provide access to quality Web sites, the same way we recommend good books, videos and other resources. For example, the Illinois Library Association (ILA) publishes a list of 100+ Great Web sites for Kids and Parents. The brochure is a great vehicle for guiding families through cyberspace by offering definitions, safety tips and selection advice to help parents and children become savvy and wise Web travelers. The ILA has also printed a cybersign to affix to library computer terminals directing kids to those good sites.

Third, despite recent legislation and court decisions regarding libraries and filtering, libraries must resolve these issues at the local level. Libraries, together with their boards and community input, are taking thoughtful and responsible approaches to this complex issue. Filtering, much like any acquisition choice, is a decision best left to local officials.

The two most important decisions to date are: on June 26, 1997, the U.S. Supreme Court declared that federal legislative attempts to limit access to the Internet in the name of protecting citizens, the Communications Decency Act, was unconstitutional. The Court declared that "the interest in encouraging freedom of expression in a democratic society outweighs any theoretical but unproven benefit of censorship."

In Virginia, on November 23, 1998, the U.S. District Court for the Eastern District of Virginia declared that the highly restrictive Internet policy imposed on Loudoun County libraries is invalid under the free speech provisions of the First Amendment. Under its "Policy on Internet Sexual Harassment," the Loudoun County libraries had installed X Stop filtering software on each of its Internet access computers, blocking sites that contain certain undisclosed words or phrases from

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adults as well as children. The library board had adopted this policy to minimize access to "illegal pornography" and to avoid the creation of a "sexually hostile environment."

The court found that the policy's limitations on speech were unnecessary. There was scant evidence of library users accessing child pornography or obscenity, or minors accessing materials illegal to them. There was no showing that a sexually hostile environment would exist absent the policy.

The court went on to find that the policy was not narrowly drawn because less restrictive means were available to further the library board's interests. "First, the installation of privacy screens is a much less restrictive alternative that would further defendant's interest in preventing the development of a sexually hostile environment," the court wrote. "Second, there is undisputed evidence in the record that charging library staff with casual monitoring of Internet use is neither extremely intrusive nor a change from other library policies. . . . Third, filtering software could be installed on only some Internet terminals and minors could be limited to using those terminals. Alternately, the library could install filtering software that could be turned off when an adult is using the terminal."

Finally, the court ruled that the policy imposing use of filtering software constituted an unconstitutional "prior restraint" of speech because it "lacks any provision for prior judicial determinations before material is censored." Moreover, the library board's discretion to censor under the policy was "essentially unbounded."

The court's decision makes clear that filtering of all Internet access computers at a public library is not an option. The case speaks to adults' First Amendment rights; it does not address filtering of children's access to the Internet in public libraries.

Fourth, librarians need to continue to provide classes for kids, parents and other adults to learn how to use the Internet. But even if we do our very best and have exemplary policies and procedures, parents, teachers and librarians can't do it all—nor can we do it by ourselves.

We need law enforcement agencies to enforce all laws governing child pornography, obscenity and child molestation online and off. We need the media to portray the Internet in all its complexities—the good and the bad—and to educate parents about the support available to them from schools, libraries and other institutions. We need legislators—and radio and television personalities—who will take the time to learn about the Internet and craft thoughtful solutions and partnerships, not hurl stones, rush to judgment or prepare sensational copy to advance their careers or media outlet.

Today's children are growing up in a global information society. In partnership with parents, the educational community, law enforcement officials, elected officials and the media, all of us must become informed. Then we must teach our children critical viewing and thinking skills that will help them make good judgments about the information they encounter. Students of all ages must be able to assess, as well as access, information, that is, be able to distinguish between information that is useful and valuable and that which is not. Children must learn to handle and reject content that may be offensive to their values and to adhere to online safety rules when confronted with uncomfortable situations. They must learn to make wise use of new information technologies and be accountable for safe and responsible online behavior.

This is a huge task. A quick response might be to just censor everything and hope that will solve the problem. Censorship will remain a "hot topic" both in the print and electronic world, and librarians will continue to remind the public and our elected officials to act with due caution to preserve our fragile First Amendment rights.

The late President John F. Kennedy extolled the value and the importance of the library as a marketplace when he stated:

We are not afraid to entrust the American people with unpleasant facts, foreign ideas, alien philosophies and competitive values.... For a nation that is afraid to let its people judge the truth and falsehood in an open market is a nation that is afraid of its people.

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