ACLU Hails Victory as California Library Agrees to Remove Internet Filters from Public Computers

FOR IMMEDIATE RELEASE
Wednesday, January 28, 1998 [related documents]

BAKERSFIELD -- Responding to a warning from the American Civil Liberties Union that mandatory use of Internet filtering software may result in a lawsuit, libraries in Kern County, California, were sent this directive late Tuesday: "Please unfilter your terminals immediately!"

According to a letter faxed to the ACLU today and signed by Kern County Counsel Bernard C. Barmann, Sr., the county's new policy will provide a choice of an unfiltered or a filtered computer to both adult and minor patrons. No parental consent will be required for minors to access unfiltered computers.

The resolution came less than one week after the ACLU issued a warning that it would take legal action if officials did not remove Internet filtering software from public library computers within 10 days. The ACLU hailed the policy change as a complete victory for free speech rights. 

"We applaud the Board of Supervisor's decision to honor the First Amendment rights of Kern County citizens by changing its library Internet access policy to allow all adult and minor patrons to decide for themselves whether to access the Internet with or without a filter," said ACLU National Staff Attorney Ann Beeson, in a letter to the County Counsel sent on behalf of the national ACLU and the ACLU's of Northern and Southern California. 

Beeson also urged the libraries to clearly mark filtered and non-filtered terminals so that patrons can make informed decisions about which terminal to use, and to place terminals for maximum privacy.

"The County made the right decision, and I'm sure we are all relieved that this issue has been resolved swiftly and without a lengthy and costly legal battle," said Peter Eliasberg, an attorney with the ACLU of Southern California. 

"Kern County now joins libraries in Santa Clara County and in San Jose, among others, in deciding to be providers of information, not censors," he added. 

The filtering issue has drawn many cities across the country into a national debate about whether library systems should limit what people can see on the Internet. A library in Loudon County, Virginia is currently facing a legal challenge from local library patrons after adopting a similar Internet blocking policy. The ACLU is considering an intervention in that lawsuit on behalf of online speakers who are blocked from reaching library patrons. 

"Libraries are our nation's storehouses of knowledge," said Ann Brick, Staff Attorney with the ACLU of Northern California. "Their mission is to make that knowledge available to young and old alike. Filters are fundamentally antithetical to that mission." 

January 28, 1998

Bernard C. Barmann
Office of the County Counsel
1115 Truxtun Avenue, Fourth Floor
Bakersfield, California 93301

Dear Mr. Barmann:

We applaud the Board of Supervisors' decision to honor the First Amendment rights of Kern County citizens and Internet speakers by changing its library Internet access policy to allow all adult and minor patrons to decide for themselves whether to access the Internet with or without a filter. Of course, we trust that the library will clearly mark Internet access terminals so that patrons can make informed decisions about which terminal to use, and will place terminals so as to maximize privacy for patrons and to minimize the possibility that Internet access will be construed by others as "disruptive."

We are happy that this issue could be resolved without the need for expensive litigation, and we thank you for your cooperation in reaching this resolution.

Very truly yours,

Ann Beeson
Staff Attorney
ACLU National Legal Department

January 27, 1998
Ms. Ann Beeson, Attorney at Law
ACLUF
125 Broad Street
New York, NY 10004-2400

Re: Filtering Software at Kern County Libraries

Dear Ms. Beeson:

This responds to your letter of January 21, 1998, and confirms statements I made in our recent telephone conversations. I met with the Board of Supervisors in executive session today. The Board determined that, effective immediately, Internet access at the branches of the Kern County Library System shall be patron driven.

Under the policy, adult and minor patrons may elect to use either a filtered or an unfiltered computer subject to management by Library staff for disruptive behavior. In branches with only one computer, the computer shall remain unfiltered unless the patron requests filtering. A second computer will be added to these branches soon. The plan is to add the new computers in less than two weeks. A copy of the directive issued by the Library implementing the directive is attached. 

I trust that this resolves any constitutional concerns or any intention of initiating litigation you may have. Thank you for your cooperation in reaching this resolution.

Very truly yours,

Bernard C. Barmann, Sr.
County Counsel

January 27, 1998

To: ALL KERN BRANCHES

From:Marje Rump

Subject: INTERNET PUBLIC ACCESS

Effective immediately the following procedures will be implemented regarding the provision of public Internet access at KCL branches:

Branches with only one Internet terminal will be unfiltered unless filtering is requested by the library patron.

Branches with two or more terminals will have half of their terminals unfiltered.

Patron choice of filtering by adults or minors is the rule. We will be acquiring enough terminals so that every branch in the system will have a minimum of two Internet terminals at each branch location.

PLEASE UNFILTER YOUR TERMINALS IMMEDIATELY!