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ISSN 0028-9485 May 2002 „ Volume LI „ No. 3

The U.S. Congress’s third assault on Internet pornography appears likely to meet the same ignoble end as the previous two. A two-week trial over library filtering ended April 4 with a trio of judges criticizing the Children’s Internet Protection Act (CIPA) as an unreasonable intrusion into the rights of Americans to view legal material online. “We are fortunate to be in the Third Circuit Court, whose judges have confronted these issues before and are familiar with many of the interests at stake,” said Judith Krug, direc- tor of the ALA’s Office for Intellectual Freedom. “This morning, the judges asked prob- ing and detailed questions in preparation for their deliberations.” CIPA, which supporters view as the government’s best shot yet at reining in online pornography, requires public libraries to install filtering software on all computers or lose federal technology funding. Attorneys for a plaintiffs’ coalition of libraries, library patrons and Web site operators, led by the American Library Association, who want CIPA overturned, said in closing arguments for the two-week trial that libraries cannot imple- ment the law without denying patrons their First Amendment right to free speech under CIPA trial the U.S. Constitution. “We’re stuck right in the heart of the First Amendment when we’re talking about concludes libraries,” observed U.S. Court of Appeals for the Third Circuit Chief Judge Edward Becker as testimony and argument concluded. Becker heads a three-judge panel that will rule by early May on the plaintiffs’ request for a permanent injunction against CIPA. Whichever way the ruling goes, the case can be appealed directly to the U.S. Supreme Court. CIPA and the Neighborhood Children’s Internet Protection Act (NCIPA) were signed into law December 21, 2000. CIPA mandates the use of blocking technology for public libraries that seek Universal Service discounts (E-rate) for Internet access, Internet service or internal connections or that seek Library Services and Technology Act (LSTA) funds to purchase computers for Internet access or to pay for Internet access. The ALA and American Civil Liberties Union (ACLU) filed lawsuits challenging CIPA, but not NCIPA, which applies only to schools, in March 2001. The cases were combined and were heard by the three-judge panel made up of two district and one appellate court judge. People for

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in this issue Garfinkel receives 2002 James Madison Award CIPA trial concludes ...... p. 109 Steven Garfinkel, the leading architect of the cur- rent government-wide security-classification system, James Madison Award...... p. 110 is the recipient of the American Library Association’s 13th annual James Madison Award, which recognizes colleges fear anti-terrorism law ...... p. 111 efforts to promote government openness. While director of the Information Security OIF statement ...... p. 113 Oversight Office at the National Archives from 1980–2002, Garfinkel designed a system that has pro- duced more than 800-million declassified pages—the Eli M. Oboler Award ...... p. 113 largest number of pages declassified in the history of the government’s program, and more than four times as Satan banned from town ...... p. 114 many as were released in the fifteen years preceding the system’s 1995 implementation. censorship dateline: libraries, schools, student “At a time when more and more official govern- press, Internet, etc., foreign ...... p. 115 ment activity is conducted behind closed doors and in secrecy, beyond public oversight,” noted ALA President John W. Berry, “Garfinkel has been a from the bench: U.S. Supreme Court, library, thoughtful and informed critic of the system he super- Internet, church and state, film and video, vised and consistently fought to expand public privacy, etc...... p. 122 involvement in the process.” „

is it legal?: Internet, schools, colleges and uni- versities, open records, adult bookstores ...... p. 129

success stories: adult bookstores, libraries, art, college, etc...... p. 135

targets of the censor books American Interventionism [Turkey] ...... p. 138 Beat Your Ticket: Go to Court Now and Win ...... p. 116 Driving While Black ...... p. 116 Follow the River ...... p. 117 Forever ...... p. 135 Views of contrubutors to the Newsletter on Intellectual Freedom Guinness World Records ...... p. 136 are not necessarily those of the editors, the Intellectual Freedom Racial Profiling on Highways, Shopping Malls, Committee, or the American Library Association. Taxicabs and Sidewalks ...... p. 116 (ISSN 0028-9485) The World’s Most Famous Ghosts...... p. 116 Newsletter on Intellectual Freedom is published bimonthly (Jan., March, May, July, Sept., Nov.) by the American Library Association, periodicals 50 E. Huron St., Chicago, IL 60611. Subscriptions: $40 per year Pep O’ Plant [Plant H.S.] ...... p. 117 (includes annual index), back issues $8 each from Subscription Department, American Library Association. Editorial mail should be addressed to the Office of Intellectual Freedom, 50 E. Huron St., Chicago, Illinois 60611. Periodical postage paid at Chicago, IL at film additional mailing offices. POSTMASTER: send address changes The Basketball Diaries ...... p. 127 to Newsletter on Intellectual Freedom, 50 E. Huron St., Chicago, IL Natural Born Killers ...... p. 127 60611.

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colleges fear anti-terrorism law to contact the office’s policy adviser or the office’s security coordinator if they were asked to disclose information to Opening student computer files without their permission. law-enforcement agents. They would then consult with uni- Reporting on the library books checked out by a graduate versity lawyers on how to proceed. student. Collecting data on who on campus is sending e-mail Cornell established the guidelines because college to whom. To many college technology and library officials, employees were sometimes too eager to please law-enforce- these sounded like invasions of privacy that were antithetical ment agents by quickly providing them with the information to the traditions of academe. But these were the sorts of they sought, or the employees were confused about which actions that the U.S. Patriot Act might well permit or, in college higher-ups to contact for advice, said Tracy B. some cases, require. And colleges were struggling to under- Mitrano, the policy adviser and director of the Office of stand their obligations and rights under the measure, which Information Technologies. was only now attracting their attention and leaving many Since enactment of the Patriot Act, the university had campus officials confused or worried. received one request for confidential information, which The anti-terrorism act gave law enforcement extra tools Mitrano declined to discuss in detail. She and Polley Ann and authority to track suspected terrorists. Although the law, McClure, vice president for information technologies at the enacted in October 2001, was not specifically aimed at col- university, anticipated more. “We expect that some of those leges, some administrators found enough in the measure that may not be legally valid,” said McClure, who helped write affected them that they were consulting lawyers and drafting Cornell’s procedures. “We don’t want our staff and thus the policies on how to comply. institution to violate the privacy of our constituents in Civil libertarians charged that the law gave the federal response to an invalid request.” government sweeping powers to pry into student records and The computer-trespasser provision allows the Federal e-mail accounts, and that it could hinder the climate of free Bureau of Investigation to help network operators, possibly inquiry. But on campuses, reaction had been more measured. including colleges, find intruders on their networks only if Many students and faculty members seemed unaware of the operators ask for FBI assistance. But some college officials law and its ramifications. fear they could be sued if they did. Law-enforcement agents The law stretched the legal boundaries for prying into elec- can, without a warrant, intercept the communications of a tronic communications. For example, one provision permitted hacker. But since the interception would be done without a agents of the Federal Bureau of Investigation, without a judge’s warrant, the suspected hacker could argue that the search sanction, to intercept the communication of a suspected net- violated his Fourth Amendment rights against abusive work trespasser. The agents must first be called in by Internet searches. He also could argue that the college was complicit service providers, which could include colleges. Another pro- in violating these rights, Mitrano said. vision that worried colleges prohibits them from disclosing that Cooperation between the FBI and colleges also opens the federal agents have sought “business records”—which some door for unsophisticated law-enforcement agents to damage a college officials say could include library records—to investi- college’s computer system, or to start prying into other com- gate people tied to hostile foreign governments. munications that are unrelated to the specific investigation, Virginia E. Rezmierski, adjunct associate professor at the said Mitrano. “I think it sets up a very potentially complicated Gerald R. Ford School of Public Policy and the School of relationship between [computer] owners and operators, and Information at the University of Michigan at Ann Arbor, said law enforcement,” she noted. “Circumstances could lend the gag order prevented colleges from checking whether the themselves to law enforcement calling owners and operators government had been overzealous in investigating people. and suggesting that they have information about a computer “Is this just a wide net being thrown? Is there due cause for trespasser . . . and [saying], ‘Wouldn’t it be helpful if we taking these records?” came in and took a look?’” Many college administrators said they found the law Apart from the possible effects of the law, Mitrano said the extremely difficult to understand; it is a 132-page patch- computer-trespass provision, among other sections of the law, work of amendments to laws, including the Family had no clear connection to combating terrorism, but had long Educational Rights and Privacy Act, which governs stu- been on the Justice Department’s wish list of legislative dents’ privacy rights; the Foreign Intelligence Surveillance reforms. By and large, though, the law doesn’t impose undue Act, which authorizes the federal government to spy on sus- burdens on colleges’ networks. For example, it doesn’t require pected foreign agents; and the Electronic Communications them to make design changes to their computer systems. And Privacy Act, which limits disclosure of electronic communi- it provides compensation to colleges if they incur expenses to cations. help the FBI install Internet-surveillance tools, or if they sus- Cornell University was among the first institutions to cre- tain damage in excess of $5,000 because of computer hackers, ate specific guidelines for responding to law-enforcement even if the hacking has nothing to do with terrorism. requests made under the law. The guidelines instructed Many other colleges were still struggling to make sense employees of Cornell’s Office of Information Technologies of the act, and were hesitant to make procedural changes

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until they saw how the government used its new powers. and we don’t want to chill that inquiry by having researchers “We have to wait and see how this plays out,” says Steven and students think that their every move is being tracked by J. McDonald, a lawyer for Ohio State University. He said the government,” said Peter P. Swire, a law professor at Ohio Ohio State had not received subpoenas for computer files State University who advised the Clinton administration on since the law took effect. privacy issues. “On the other hand, law enforcement worries Virginia Commonwealth University was adapting that universities might become a safe haven for terrorist Cornell’s guidelines. At a campus meeting in February, faculty organizing. The traditional university tendency to allow dis- members and administrators tried to figure out how the law sent could potentially turn into a systematic effort for terrorists would affect their day-to-day network operations. They dis- to hide their activities under the name of academic freedom.” cussed when turning over data to the FBI would be required The attention already paid to the immigration violations and when it would be voluntary. They talked about training of some foreign students showed that “we can expect a student workers not to readily provide private records to greater conflict between the tradition of academic freedom law-enforcement officials, and about whether reporting prob- and the law-enforcement concerns about universities as safe lems to the campus police can substitute for contacting the harbors for terrorists,” Swire commented.. FBI. They also talked about the types of electronic data the “Universities have a homework assignment to inspect university stored and for how long it stored them, and about how well these provisions apply in the university setting, and the difference between a search warrant and a subpoena. if there are problems, then academics and universities should The distinction was explained by Clyde Laushey, the uni- point these out,” said Swire. versity information-security officer, who said that if univer- International students and Muslim Americans generally sity officials try to contest a search warrant, “They just lock seemed to be more aware of the new law and its ramifications. you up.” Robert J. Mattauch, dean of the engineering school, Omar Afzal, the adviser to the Muslim student group at requested a “first line of response” should federal agents Cornell, had been counseling students on what to do if an come looking for confidential university records. He said he agent showed up to ask them questions: Contact the interna- would help draft a simplified checklist for university staff tional-students office or elders in the community, and be polite members to follow in such a situation. Three university tech- and straightforward. “They are terrified,” he said. “They come nology administrators were designated as interim contact from a culture where if a policeman shows up at the door, you people for potential FBI inquiries. are being targeted to be sent to prison for a long time.” “It’s going to happen,” Mattauch warned his colleagues. There is less concern over breaches in privacy. Afzal told The University of Texas at Austin said it would probably the students that law-enforcement officials can look at stu- analyze federal requests for confidential information on a dent information without their knowledge. “They don’t “case-by-case basis.” Meanwhile, the university was begin- understand, mostly,” he said. Again, “culturally, they are ning to educate network administrators and others on cam- coming from areas where this information is routinely pus about the requirements of the act. Despite a large num- [shared] with the police.” ber of international students on campus, Jeffery L. Graves, a Library policies are typically designed to protect the pri- lawyer for the university, said federal agents had made few vacy of their patrons, and librarians themselves have tradi- requests for computer-stored data on students. He suspected tionally been staunch advocates of privacy rights. “It’s not that agents were getting the information they needed about just a policy; it’s an ideology, almost a religion,” said Ross students from other sources, like landlords, published arti- Atkinson, Cornell’s deputy university librarian. He and other cles, or phone directories. librarians worry that the government will use the law to see Christopher Painter, the deputy chief of the computer- what patrons are reading, researching, or checking out. crime and intellectual-property section of the Department of Like his institution, Atkinson’s library was reviewing and Justice, has been an active defender of the Patriot Act for the solidifying policies, making it clear to employees what to do government. Speaking before an audience of law-enforcement if a law-enforcement agent walked through the door and officials in January, he said the law’s Internet-surveillance demanded to see patron records. provisions “are not sweeping expansions of wiretap author- Miriam Nisbet, legislative counsel for the American ity.” They are modest changes, he said, “and they don’t abro- Library Association, said the Patriot Act now gave gate Fourth Amendment protections.” law-enforcement agencies access to business records, which In response to critics who say that parts of the law have could include patron records. That brought up complicated little to do with fighting terrorism, Painter said, “They’re try- issues in an electronic age. For example, to help protect pri- ing to make too fine a distinction between terrorist attacks vacy, libraries tried not to keep information; most libraries and nonterrorist attacks. You don’t know what kind of [com- destroyed the record of, say, a book loan soon after the book puter] attack you have in the beginning.” is returned. But privacy scholars and advocates say that some of these But “computers being what they are, those records might provisions endangered the climate of free inquiry on cam- still be around on backup tapes,” Nisbet observed. “So even puses. “Universities uphold the importance of free inquiry, though the library has a policy to erase that information as

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soon as you bring the book back, that information might still do this by making sure libraries have information and ideas be available.” across the spectrum of social and political thought, so people Atkinson had already thought about these issues at can choose for themselves what they want to read or view or Cornell. His library keeps backup tapes for about 35 days, listen to. Libraries serve everyone. then destroys them. The existence of the tapes is troubling Librarians care about children. Because we care, we want from a privacy standpoint, but absolutely vital from a techni- them to be safe and responsible online. CIPA does not protect cal one, so the time period can’t be shortened, he said, adding children. Rather, filters can give parents a false sense of secu- that the tapes were a lifesaver in a recent computer crash. rity that their children are protected when they are not. We But he sees more threats to privacy than the tapes. The believe education is the solution. It is only through education computers in the library don’t require users to identify them- that young people can learn self-responsibility, which ulti- selves, but users at home or in a campus office have to log in mately is the internal filter that will stay with them throughout if they want to get access to the various databases that the childhood, young adulthood and into maturity. „ library subscribes to. Somehow, somewhere, those names are probably recorded, along with the information those peo- ple look at, Atkinson observed. He worries that the Patriot Act pushes society toward an Orwellian future. “All of this Eli M. Oboler Award legislation wouldn’t be in place if they weren’t going to use Marjorie Heins, author of Not in Front of the Children: it,” he concluded. Reported in: Chronicle of Higher Indecency,Censorship, and the Innocence of Youth, is the Education online, March 1. „ 2002 winner of the Eli M. Oboler Memorial Award. Presented by the American Library Association (ALA) Intellectual Freedom Round Table (IFRT), the Oboler Memorial Award, named for the extensively published Idaho American Library Association v. University librarian known as a “champion of intellectual freedom who demanded the dismantling of all barriers to United States freedom of expression,” is presented for the best published Statement by Judith F. Krug, Director, Office for work in the area of intellectual freedom in the preceding two Intellectual Freedom years. The award consists of a citation and $500. The following statement was released at the opening of “The committee is very pleased to present Marjorie the trial of ALA v. United States in Philadelphia on March Heins with this award for Not in Front of the Children (Hill 25, 2002. & Wang Pub., 2001), an excellent analysis of current trends to censor books and other media in the name of ‘protecting It is unfortunate, but not surprising, that I find myself minors’ that we are facing in the United States today,” back in the U.S. District Court of Eastern Pennsylvania. My Oboler Award Committee Chair Joan Beam said. last visit to the circuit court in Philadelphia was to begin the “Heins’ book is extensively researched and a pleasure to American Library Association’s successful lawsuit against read. Her writing style is most approachable, her examples the Communications Decency Act in 1996. are clearly relevant, and her argument is well presented,” What we face today is a new take on an old idea—once said Beam. “The rights of minors for free expression are con- again the federal government has placed its faith in commer- stantly being thwarted by those seeking to protect them from cial filters over families and local communities. This time, what they perceive as harmful materials. In addition, Heins Congress has attempted to force libraries to choose between shows how access to information is thus limited to all, adults technology funding and censorship. The Children’s Internet and minors alike.” Protection Act (CIPA) requires a terrible choice—and an Heins, a First Amendment lawyer and director of The unconstitutional one. Free Expression Policy Project, a project of the National The American Library Association (ALA) and its plain- Coalition Against Censorship, said, “I wanted to write a tiffs will argue several important points starting today: book that would put the whole legal history and cultural pol- itics of youth-censorship in perspective, from attacks on ● CIPA abolishes a community’s control of its library poli- detective comics in the 1950s to Internet filters and v-chips cies; today. I can’t imagine a greater honor for my book than to be ● Filters do not work; recognized by America’s librarians as having made a contri- ● Poor communities and people with disabilities will be bution to intellectual freedom.” affected disproportionately; For the first time, the Oboler Award Committee has chosen ● CIPA violates the constitutional right to freely access an Honor Book from among the nominees. Beam said the information. committee has named The Unwanted Gaze, by Jeffrey Rosen, Librarians play a unique role in our society; we bring as its first Honor Book, for Rosen’s major contribution to the people together with the information they need and want. We literature on the subject of all U.S.citizens’ right to privacy.

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The award will be presented on Saturday, June 15, dur- do something positive,” Moore said. “We’ve gone so far in ing the IFRT program at the ALA Annual Conference in the separation of church and state it’s almost like Christians Atlanta. „ don’t have rights anymore.” The proclamation is not a reference to a single event, Risher explained, but an overall sense of concern. She speaks of drunken drivers, fathers who molest their daughters and Satan banned from Florida town people who steal from their neighbors. Town Clerk Sally The words just flowed from Carolyn Risher’s pen as she McCranie, who signed the proclamation, offered another sat at the kitchen table Halloween night. She wrote fast, observation: Kids in town, she said, have taken to dressing in ignoring commas and periods. When the mayor of Inglis, all black and painting their faces white, a style known as Goth. Florida, finished, she put the fierce rhetoric down on official “We are taking everything back that the devil ever stole town stationery complete with gold seal: from us,” Risher wrote. “We will never again be deceived by satanic and demonic forces.” Be it known from this day forward that Satan, ruler of darkness, giver of evil, destroyer of what is good and Despite being the talk of town, Risher said she received just, is not now, nor ever again will be, a part of this town only one complaint about the proclamation. A business owner of Inglis. Satan is hereby declared powerless, no longer called her to warn against possible legal action. Town ruling over, nor influencing, our citizens. Attorney Norm Fugate declined to comment, saying ques- She made five copies. One was kept for her office wall, tions must be asked at Town Commission meetings, so every- which is covered with pictures of Elvis, framed letters of one can hear his response. thanks and a painting of the Last Supper. The rest were rolled The following is the full text of the proclamation, pub- and stuffed into hollowed-out fence posts placed at the four lished on town stationery and carrying the town seal: entrances to the town. The posts, painted with the words Be it known from this day forward that Satan, ruler of Repent, Request and Resist, were sealed and capped. darkness, giver of evil, destroyer of what is good and just, “You’re either with God or against him,” Risher, 61, and is not now, nor ever again will be, a part of this town of Inglis. Satan is hereby declared powerless, no longer rul- a lifelong resident, said from her office. “I’m with him.” ing over, nor influencing, our citizens. So are a lot of other people in the town of 1,400, most of In the past, Satan has caused division, animosity, whom Risher describes as good Christians. “I have a lot of hate, confusion, ungodly acts on our youth, and discord respect for her because she did that,” said Martha Eiland, among our friends and loved ones. NO LONGER! who was shopping for sea shells at a gift shop on U.S. 19. The body of Jesus Christ, those citizens cleansed by the Blood of the Lamb, hereby join together to bind the But the mayor’s public act of faith drew criticism from forces of evil in the Holy Name of Jesus. We have taken some who say it oversteps the line between church and state. our town back for the Kingdom of God. We are taking “It reminds me of the Taliban. If you’re not Muslim, you’re everything back that the devil ever stole from us. We will worthless,” said Bob Farnan, the owner of Port Inglis never again be deceived by satanic and demonic forces. As blood-bought children of God, we exercise our Restaurant. “She just reversed the situation.” A waitress at authority over the devil in Jesus’ name. By that authority, the restaurant, Polly Bowser, is organizing a petition to have and through His Blessed Name, we command all satanic Risher ousted. Risher’s letter, which makes several refer- and demonic forces to cease their activities and depart ences to Jesus Christ, could be offensive to people with other the town of Inglis. faiths, Bowser said. As the Mayor of Inglis, duly elected by the citizens of this town, and appointed by God to this position of lead- “I am not knocking any one faith,” Risher said in the ership, I proclaim victory over Satan, freedom for our citi- interview. “I am praying for the whole community.” zens, and liberty to worship our Creator and Heavenly “One person’s beliefs are fine, but not on town letter- Father, the God of Israel. I take this action in accordance head,” countered Steve Young, who was sipping a beer at the with the words of our Lord and Savior, Jesus Christ, as recorded in Matthew 28:18-20 and Mark 16:15-18. Mouse Trap. “It doesn’t seem appropriate.” Signed and sealed this 5th Day of November, 2001 Mayor Risher, whose affable demeanor and solid roots in Carolyn Risher, Mayor; Sally McCranie, Town Clerk. „ the community have kept her in office for the past decade, is unapologetic. “If I had thought I was doing something wrong, I would have not done it,” she said. “It just felt like it was something I could do for the community, mostly for our young people.” READ Risher said she got the idea after Pastor Richard Moore of Yankeetown Church of God announced plans to place the BANNED fence posts. Moore asked his congregation to skip one meal a day for a 40-day period. “As the elected leader of this BOOKS community, she was stepping out as a Christian and trying to

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McDermott. She added that a number of government agen- cies had been removing information from their Web sites since September 11. Copies of the CD-ROM on water supplies were sent to libraries in the fall of 1999 and had been openly available for two years. Until the request for their destruction was sent out, they had also been available for purchase from the USGS’s Information Services Office in Denver. “Generally speaking, things don’t go into the Federal Depository Library Program if they pose national-security issues,” said Ruth Parlin, director of the Calvin Coolidge Library at Castleton State College in Castleton, Vermont., which was one of the libraries told to destroy its copy of the document. That federal officials would permit distribution of a document “that they would later decide is a threat . . . is problematic,” she said. “It does show you how vulnerable access to information can be sometimes.” Parlin, like other campus-library directors, said the request was the first she had ever received to return or destroy a document because of its sensitive content. She said she had previously been asked to return or destroy a docu- ment because information was either inaccurate, outdated, or had been superseded by new information. “It raises some concern,” said Mary Jane Walsh, head of government documents, maps, and microforms at Colgate University in Hamilton, N.Y. But she added, “Legally, I had no libraries choice.” Walsh, who contacted the U.S. Geological Survey Washington, D.C. before carrying out the request, said she believed that this would College librarians who were forced by the federal gov- be the last request of its kind from the federal government. ernment to destroy copies of a CD-ROM put out by the Andrew M. Sherman, of the U.S. Government Printing United States Geological Survey say destruction of the disks Office, said that the request was unusual and that the agency raises concerns about intellectual freedom. The government sympathized with the concern the request had raised among said the CD’s, which compiled information on water sup- campus librarians. “We certainly understand the principle of plies, posed a security risk in the aftermath of the September public access to information, and we certainly understand 11 terrorist attacks. the sensitivity to this action,” he said. Although a complete In October to the government ordered 335 libraries hold- list of colleges and universities that had to destroy copies of ing copies of the CD-ROM destroy them. The majority of the the document was not available, he said that affected institu- libraries were on college campuses, in law schools, and at tions included the California Institute of Technology; Duke, community colleges. The order was sent by the U.S. Northwestern, Stanford, and Yale Universities; the State Government Printing Office, which distributes publications University of New York at Buffalo; and the University of to libraries that participate in the Federal Depository Library Virginia at Charlottesville. Program. The order asked libraries to destroy copies of a According to Sherman, approximately 67 percent of the CD-ROM publication titled “Source-Area Characteristics of 1,300 libraries that participate in the Federal Depository Large Public Surface-Water Supplies in the Conterminous Library Program are academic libraries. Of the 1,300, only United States: An Information Resource for Source-Water 335 had received the document in question. He said that this Assessment, 1999.” was the first such request he had heard of. Reported in: According to officials at the printing office, the geologi- Chronicle of Higher Education online, February 14. cal survey deemed information in the document too sensi- tive for public access. Copies of the CD-ROM, like all Federal Depository documents, are the property of the U.S. South Bend, Indiana government. Perhaps some members of the South Bend police force Patrice McDermott of the American Library Association were trying to educate themselves by checking out dozens of said the request “was a major issue of concern for the books from the downtown library on subjects such as racial ALA.” “This is part of a bigger issue of restriction of access profiling and how to get out of a ticket. More likely, they to government information on the Web and elsewhere,” said were trying to make a point.

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Many officers were not happy with a presentation called Russell Springs, Kentucky “What to Do When Stopped by Police” planned for the St. A teachers’ prayer group proposed that dozens of titles be Joseph County Public Library’s downtown branch. A display considered for removal from the Russell County High School of books at the library—including Beat Your Ticket: Go to library in Russell Springs. A letter from a group member Court Now and Win, Racial Profiling on Highways, listed more than 50 books— including J. K. Rowling’s Harry Shopping Malls, Taxicabs and Sidewalks, and Driving While Potter series and The World’s Most Famous Ghosts, by Daniel Black: What to Do if You’re a Victim of Racial Profiling— Cohen—that “may need to be removed” because they deal advertises the event. with ghosts, cults, and witchcraft. God “can not come into a “There’s been a police officer in here every day taking place that is corrupted,” the letter stated. everything off the display and checking them out,” said Principal Roger Cook said a small group of teachers and Donald Napoli, director of the St. Joseph County Public parents approached the school’s council in February and Library. The sudden interest in the books led Napoli to enact requested a committee be formed to review library books. a two-book limit on books in the display. “I don’t care if The group was asked to bring a proposal to the March 12 they’re really reading them, but this borders on a form of council meeting, but they did not show up, Cook said. censorship,” Napoli said. However, more than a dozen people who did attend spoke The director said the staff had to glean copies of the against such a review, praising the book selections by librar- in-demand titles from the library’s other branches. He even ian Mary Donna Foley. “I think none of the books should be authorized the purchase of new copies, if need be, to keep taken away—leave that to parents to make that decision,” the books on the shelf. said resident Donnie Wilkerson. Cpl. Ron Glon said he checked out five books from the Cook said that although the school has a policy allowing display. “The most interesting book is Driving While Black. people to initiate challenges, no one had used it in twenty I read three chapters yesterday,” said Glon, a traffic officer years, so there was no committee in place to make judgments. who questions the premise of the book. “When I set up the No action would be taken until the school’s board and attor- radar, it doesn’t go off when a driver is black, and we don’t ney had reviewed the issue, Cook said. Reported in: let a white driver go,” Glon said. Lexington Herald-Leader, March 13. Glon added that he doesn’t know whether officers or other patrons are taking out the books. He said this was not an organized effort on the part of officers. “As long as I’m paying taxes and have a valid library card, who’s to say I can’t take out books,” Glon said. schools The president of the local police union, Fraternal Order Indianapolis, Indiana of Police Lodge 36, said the lodge was not endorsing the North Central High School junior Ivan Dremov won the officers’ actions. “The FOP is not behind this — absolutely election for senior class president March 19. The next day his not,” Cpl. Scott Wilcox said. “The only thing I know is offi- victory was taken away because of a line in a campaign video cers are upset that the talk is supposed to be about what to do that administrators say violated the school’s zero-tolerance when you’re stopped by police, and the police were not policy. invited to be part of the discussion,” Wilcox added. The line: “Vote for Dre and Pass the Courvoisier.” If they had been invited to speak, what would they want Courvoisier is an expensive brand of cognac. to communicate? “We ask the public to be cooperative and Dremov, a school swimmer and math whiz, took a plural- not confrontational or argumentative when they get ity of the student vote among four candidates seeking to rep- stopped,” Capt. Terry Young said. “The last thing we want is resent seven hundred seniors next year. Students at the school for people to be uncooperative at the scene.” voted after watching campaign videos made by each candi- Young, a captain in the city’s southeast region, said the date. Ivan’s campaign played off the similarities between his department does not engage in racial profiling. “If a person last name and rap music producer Dr. Dre. His posters used matches the suspect description we hear on the radio, we hooks and slang from Dre tunes. His video included the line have to check it out. If the person is totally innocent, no “Pass the Courvoisier,” the title of a rap song released late last problem. They are sent on their way,” Young said. year by Busta Rhymes. Napoli said the presentation was not directed toward The day after the election, Ivan was disqualified. Principal South Bend police but seemed timely due to instances of C.E. Quandt, who has been at North Central 21 years, said: apparent racial profiling by police across the country. “The “There’s a very strict school rule about the promotion of alco- presentation is about how the law works (and) how to work hol, tobacco or sex. As far as what you wear, you can’t come within the law and protect your rights,” he said. The library in with beer cans on your T-shirts. His reference to alcohol director has vowed that the discussion will go on as planned, clearly violated the school rule. “This is the first time in 21 with just one speaker—a local attorney. Reported in: South years that we’ve had someone disqualified because of the Bend Tribune, February 15. speech.”

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Candidates were brought into the office—as is routine way. We felt other sources could be used to convey that after an election—and told that Will Ford was president. Ford, period of history.” who is on the Junior Class Council and works two jobs, said Thom, told of the Noblesville action, said he was “kind the candidates were warned by administrators to keep the of astonished they would do that. People react to things in campaigning clean and responsible. “I didn’t think that it was different ways, but this is a book that has sold over a million professional to say, ‘Pass the Courvoisier,’” said Ford. “That’s copies and was produced into a Hallmark Hall of Fame tele- a drink, and we’re not supposed to be drinking anyway. We’re vision program in 1995,” he said. As to the specific passages a high school.” that raised the Noblesville parent’s ire? “These deal with The videos, produced at school, were not screened by basic things in the human spirit—they portrayed a man’s administrators, who didn’t want to appear to be censors, imaginary fears for his wife,” he said. Quandt said. He said Dremov is an exemplary student. Last The book has been used in other school districts without year, he won a $200 prize as one of 15 second-place finish- objection. ers in a math and medicine contest. The situation was “unfor- Carmel teacher Donna Skeens used Follow the River in tunate,” said Quandt. “But we feel it is the right thing to do eighth-grade honors English classes at Carmel Junior High for school leadership.” Reported in: Indianapolis Star, for three years before her retirement last spring. “The assign- March 22. ment was to review the book and identify qualities that make it an American classic. It was one of five books students could choose,” she said. “I never received complaints about Noblesville, Indiana any book from students or parents.” Mike DeSloover was afraid it was too late, but hoped to To the Indiana Civil Liberties Union, Noblesville’s action persuade the Noblesville School Board to change its mind. amounted to censorship, said executive director John Krull. DeSloover was upset by the board’s decision in January to ban “The parent who complained was well within her rights to a book by Hoosier author James Alexander Thom from say she didn’t want her child to read the book. Where it required reading at Noblesville High School after a parent crossed the line was when she said ‘I don’t want anyone else complained about its content. The move overturned an aca- to read it either,’ “ he said. “That’s what censorship is, when demic review committee recommendation last November to you start making decisions for everyone else. Obviously, the retain the book. (review) committee recognized that; it’s a pity the School “You have established an extremely bad precedent,” he Board didn’t,” Krull said. told the board at its meeting March 19. The fuss focused on DeSloover said he hoped the board will reconsider. But Thom’s historical novel, Follow the River, which supple- Brinegar, the board’s president, considers the matter closed. mented Noblesville’s tenth grade English curriculum until the “There is no sentiment on the board to revisit this issue,” he board’s action January 24. Follow the River, written in 1981, said. Reported in: Indianapolis Star, March 20. opens with a Shawnee Indian attack on a small Virginia set- tlement in 1750s America. Fictional heroine Mary Ingles is abducted, but escapes by walking a thousand miles through the frontier wilderness. A Noblesville parent objected to passages in which student press Ingles’s husband imagines his wife being raped by her captors. Tampa, Florida The parent, whom the district declined to identify, filed a for- A column in the Plant High School newspaper promoting mal complaint with the board in October. That action activated the availability of condoms created a stir on campus, and sent Noblesville’s challenge review committee. administrators scurrying to explain why they briefly consid- The committee, comprising English department Chair ered censoring the publication. Christina Hernandez, features’ Nicole Steele, Deputy Superintendent Lynn Lehman, media editor of the Pep O’Plant, wrote a column supporting condom services Director Marge Cox and two parents, voted 5-0 availability at the prom in the 24-page prom edition,which November 13 to keep the book. “We felt this was compelling was set to be distributed to students a week before the March reading by an Indiana author,” said Steele. 16 dance. In December, the objecting parent asked the board to “I would rather my peers be safe,” said the 18-year-old review the committee’s decision, and board members read senior. “I wish everyone would stay abstinent. I wish there Follow the River during winter break. At its January 24 regu- were no diseases or unwanted pregnancies. But it’s a reality, lar meeting, the board voted to remove the book from the teenagers have sex.” required reading list. School officials didn’t share Hernandez’s belief. “It’s available in the school library, but is no longer manda- Newspaper adviser David Webb and principal Eric Bergholm tory reading for every tenth grade student,” board President halted the distribution of 2,500 copies of the Pep O’Plant after Kevin Brinegar said. “We agree that it’s important to present seeing Hernandez’s column, titled “Face It; Sex Happens” and historical information, but not in such a graphic, disturbing an accompanying survey, “Do you think condoms should be

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distributed at prom?” All the students in the survey said con- “Most likely to commit a felony.” Hill filed the complaint doms should be made available. with the university’s Office of Affirmative Action. “The problem was, it was inconsistent with the curricu- The university won’t investigate the matter further lum we teach,” said district representative Mark Hart. “We because the fraternity, Phi Delta Theta, is no longer recog- teach abstinence.” Bergholm said the survey had not been nized by the institution, said Thomas R. Baker, assistant approved prior to publication. dean of students. The chapter was suspended for violating “I’d rather see a student newspaper address issues more university policies on hazing and alcohol, he said. appropriate to the school and the curriculum instead of “Almost as soon as I received the complaint, the chapter items that are controversial,” he said. The school consid- —I don’t know who exactly—but the chapter de-linked from ered reprinting several pages of the monthly publication. the university Web site,” Baker said. He added that, because But in the end, it was distributed with Hernandez’s column of the suspension, the fraternity should not have had a Web intact. site on the university’s server at the time of the complaint. But Hart said he okayed the distribution of the newspaper he suspected that the Web site was still up because neither the after reading the two questionable articles and making sure university nor the fraternity had thought to take it down. the views expressed in them were not represented as the “When I was a student, we didn’t have Web sites, so I did- position of the school or the district. n’t think to check that,” Baker said. “What we need here is a But Hart said the principal had every right to halt the checklist on what to do when you de-recognize a chapter.” paper’s distribution. “A principal can make an editorial deci- At some point, the fraternity will ask that the university sion on a student newspaper,” he said. “It is not protected recognize it as a campus organization again, Baker said. free speech.” Although he didn’t know when that would be, the university The Plant incident marked the second year in a row that will probably treat the complaint about the Web site as an a condom controversy has arisen during prom season in issue separate from the violations of the hazing and alcohol Hillsborough County. Last year, Blake High School senior policies, he said. “We can collect information in preparation Lissette Stanley was barred from giving a commencement for the chapter to submit to be recognized again by the uni- address after she put condoms in prom gift bags. versity,” Baker said. “But we probably won’t take this inci- Bergholm refused to discuss whether any Plant students dent into consideration.” Reported in: Chronicle of Higher will be disciplined. Education online, February 14. Some parents said the incident was much ado about noth- ing. “Get with the times,” said Suzanne Falk, whose son is Albany, New York news editor of Pep O’ Plant. “If people think kids are not The Pataki administration has ordered New York state having sex, their heads are in the ground. I always think talk- agencies to restrict information available on the Internet and ing about issues makes good sense.” limit its release through New York’s Freedom of Information Kathy Williams, who has two sons at Plant, said she Law to prevent terrorists from using the material, which opposes condom distribution, but had no problem with the includes maps of electrical grids and reservoirs, as well as most recent edition of the student newspaper. “I felt it was building floor plans. The new policy, laid out in a confiden- opinion,” she said. “I don’t condemn the article. But if it was tial memorandum to agency heads from the state’s director something the school was promoting, I would have a problem of public security, James K. Kallstrom, is one of the most with it.” far-reaching and restrictive in the nation, according to Linda Hernandez said she supported her daughter, and research librarians and advocates for open government. wonders why the school would thwart a safe sex discussion Kallstrom, a former high-ranking official of the Federal given the problem with the spread of sexually transmitted Bureau of Investigation, said the order was aimed at pre- diseases. “Basically, the school wants to be too politically venting details about potential targets, like bridges and correct,” Hernandez said. Reported in: St. Petersburg Times, nuclear power plants, from falling into the hands of terrorist March 12. groups like Al Qaeda. “The intent, clearly, is to remove from the public Web sites information that serves no other purpose than to equip potential terrorists,” Kallstrom said. “This is not an attempt Internet just to shield legitimate information from the public.” Iowa City, Iowa Some state agencies had removed material in the imme- A fraternity suspended by University of Iowa officials in diate aftermath of the World Trade Center attack. But in the January took down its Web site February 12 after the univer- memorandum Kallstrom issued last month, he said the sity received a complaint that the site’s content was demean- Pataki administration was concerned “that there is a discon- ing to women. The complaint, filed by an Iowa man named certing amount of potentially compromising information still Dennis Hill, also reported that the Web site named chapter publicly accessible.” The agency commissioners were not members as “Slut of the year,” “Pedophile of the year,” and only instructed to review again what might be accessible, but

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newsletter on intellectual freedom

index to vol. 50, 2001

indexed by Eli and Gail Liss

Intellectual Freedom Committee American Library Association v51n3.qxd 05/08/2002 4:01 PM Page ind2

Newsletter on Intellectual Freedom (ISSN 0028-9485) is published bimonthly (Jan., March, May, July, Sept., Nov.) by the Intellectual Freedom Committee of the American Library Association, 50 E. Huron St., Chicago, Illinois 60611. v51n3.qxd 05/08/2002 4:01 PM Page ind3

A American Bar Association (ABA), 196, 218 Americans for Tax Reform, 237 ABC, 250 American Board of Sexology, 256 American Society of Journalists and ABC News, 158 American Booksellers Foundation for Free Authors, 1, 78 Abernathy, Kathleen, 271, 272 Expression, 1, 66, 78, 270, 279 American Society of Magazine Editors, 7 AboveNet, 138, 139 American Center for Law and Justice, 156, American Society of Newspaper Editors, 7, Abrams, Floyd, 212 205 131 Abramson, Judge Gillian L., 26 American Civil Liberties Union (ACLU), 15, Americans United for Separation of Church Acclaim Entertainment, Inc., 220 20, 24, 27, 33, 52, 58, 64, 68, 70, 71, and State, 24, 156, 205, 214, 241 AC/DC, 101, 249 74, 80, 81, 83, 95, 108, 118–119, 124, American Target Advertising, 23 Ackerman, Seth, 136 126–127, 138, 143, 148, 155, 156, 173, American Target Advertising v. Giani, 23 Ackley, Michael, 94 174, 187, 190, 210, 217, 218, 237, 240, America Online, 109 ACLU, see American Civil Liberties Union 256, 266, 272, 279 see also AOL Time Warner (ACLU) Alaska, 192, 213 Amnesty International, 45 Activision, Inc., 220 Arkansas, 116, 123 Anders, Christopher E., 210 Adams, Bob, 266 California: Anderson, Joan, 53–54, 123 Adams, Jacquelyn, 58 Northern California, 69, 105 Angelou, Maya, 36, 43–44 Adamson, Wendy, 187 Southern California, 53, 95, 212, Angels in America: Millennium Approaches, Adelaide Institute, 118 261 56, 179–180 Adler, Prudence S., 206 Colorado, 25, 97 Angleton, Doris, 270 Adler v. Duval County School Board, 23 Drug Policy Litigation Project, 121 Annie on My Mind, 10 Adobe Systems, 267, 268 Georgia, 169 Ann-Margret, 122 Advanced eBook Processor, 267, 268 Hawaii, 276, 279 “Another One Bites the Dust,” 249 Advanced Techniques of Clandestine Illinois, 158 Ansell Healthcare, Inc., 248 Psychedelic and Amphetamine Indiana, 28 Antonio C., 30 Manufacture, 25, 66 Iowa, 33 AOL France, 275 Adventures of Huckleberry Finn, The, 57 Kentucky, 115 AOL Time Warner, 105, 118, 169, 219 Afghan Islamic Press (AIP), 204 Lesbian and Gay Rights Project, 26, 210 see also America Online Afro-Celt Sound System, 249 Louisiana, 163–164, 221 “Aquemini,” 170 Aiken, Michael, 158–159 Massachusetts, 221 Aranian, C. Scott, 268 Akers, Monte, 273 Worcester County chapter, 58 Ardaiz, Judge James A., 30 ALA, see American Library Association Michigan, 208–209 Argue, Jim, 123 (ALA) Missouri, 73 Arizona, 191 Alabama: Nevada, 95 Phoenix, 97–98 Arab, 11, 75 New Jersey, 169, 209 Arkansas: Foley, 11 New York, 92, 169–170, 220, 223 Benton, 35 Mobile, 150–151 Nassau County, 14, 58 Little Rock, 115–116, 123 Montgomery, 265–266 North Carolina, 163 Springdale, 277 “ALA Files Suit Against CIPA,” 85, 126–27 Ohio, 264 Arkansas State University, 116 Alameda Books, 104 Pennsylvania, 26 Arlington Christian Church, 223 Alaska: Pittsburgh, 27, 278 Armenti, Angelo, Jr., 159–160 Anchorage, 124–25, 192, 213, 247, 278 Rhode Island, 14 Armey, Dick, 82, 243 Alaska Library Association, 126 Virginia, 166–167, 198, 256 Arming America: The Origins of a National “ALA to Challenge Children’s Internet Washington, 113 Gun Culture, 144 Protection Act,” 41, 80–82 American Civil Liberties Union (ACLU) Armstrong, Richard S., 257 Albright, Madeleine, 175 Foundation of Southern California, 173 Armstrong, Sue, 25 Albright College, 77 American Conservative Union, 237 Arndt, Jack, 259–260 Albrightian, The (Albright College), 16, 77 American Decency Association, 150 Arnold, Judge Ward S., 66–67 Aldrich Museum of Contemporary Art, 61 American Family Association, 80, 150 Arnold, Wood, 100 Alessandra’s Smile, Inc., 29 Center for Law and Policy, 107 “Art of Women: Celebrating the Challenges Alexander, Robert, 265 American Humanist Association, 237 and Successes of Girl and Women Alice series, 43, 44 American Italian Defense Association, 251, Artists with Disabilities, The,” 276, Alijani, Reza, 102 260 279 Alito, Judge Samuel A., 107 American Library Association (ALA), 7, 41, Arundel Books, 270, 279 Allen, George, 243 80, 81, 83, 85, 87–91, 133, 143, 162, Ashcroft, John, 269, 270, 272–273 Allende, Isabel, 76 206, 207, 223, 239, 248, 272 Asmal, Kader, 154 All Male Jewel Theater, 72 Intellectual Freedom Committee, 46–48, Associated Press, 136, 253, 269, 280 Alonso, Mark, 72 77–78, 188–189, 232–234 Associated Press Television News (APTN), Alter, Daniel S., 167 Office of Intellectual Freedom, 43 253 Alvarez, Julia, 13 Q&A on the Confidentiality and Privacy Association of American Publishers (AAP), 1, Alves, Emily, 58 of Library Records, 239–240 7, 78 Amato, Giuliano, 62 “Questions & Answers on Librarian Association of American University Presses, Amazon.com, 279 Speech in the Workplace: An 1, 78 Amelkin v. McClure, 23 Explanatory Statement of the ALA Association of Community Organizations American Association of Advertising Code of Ethics, adopted July 2001,” for Reform Now, 126 Agencies (AAAA), 7 234–235 Association of Journalists and Media American Association of Law Libraries, 83, “Resolution on Opposition to Federally Workers (AJM), 280 239, 272 Mandated Internet Filtering,” 47, 78 Association of Research Libraries, 103, 206, American Association of Publishers, 78 “American Pie,” 249 239, 272 American Association of University American Pie 2, 248 Atkinson, David, 222 Professors, 44, 64, 159 Americans for Democratic Action, 237 Atlantic Records, 218–219 v51n3.qxd 05/08/2002 4:01 PM Page ind4

Atta, Mohamed, 263 Bellesiles, Michael A., 144 British Broadcasting Corporation (BBC), AT&T Corp., 118 Bellows, Pam, 16 280 Atwood, Margaret, 174 BellSouth Corp., 118 Bronx Lesbian and Gay Health Resource Australia: Bender, Rev. George, 101 Consortium, 201 Brisbane, 62 Bending Cross: A Biography of Eugene Victor Brooklyn Museum of Art, 61, 119 Authors Guild, 1, 78 Debs, 120 Brown, Andrea, 197 Avellar, Mary-Jo, 222 Benen, Steve, 214 Brown, Bryan J., 107 Avi, 37 Bennett, Joseph, 211 Brown, Christopher, 158 Avon Park Correctional Institution, 279 Bennett, Russ, 123 Brown, Matthew, 69 Awad, Nihad, 237 Benson, Dave, 249 Brown, Robert A., 159 Azaz Al-Teneh, 254 Benton, Zach, 6 Brown, Steven, 14, 174 Azmeh, Hala, 35 Berezin, Alexander, 153 Brownback, Sam, 141 Berger, Ted, 120 Brown Daily Herald (Brown University), B Berman, Debbie, 260 99, 100 Baby Doll Lounge, New York City, 72 Berman, Jerry, 4, 138 Browne, Malcolm, 241 Baccus, R. Eileen, 16, 77 Berner, Nicole, 109 Browning, Graeme, 93, 130 Baker, Dennis, 14, 58 Berninghausen, David, 141, 230 Brown University, 99, 100 Baker, Joe, 264 Bernstein, Barbara, 14 Brunet, Brian, 122 Baker, Steward, 274 Berry, John, 87 Buckley, William F., 82 Balkam, Stephen, 4 Bertrand, Robert, 56, 57 Buckner, Anna Marie, 55–56 Ballon, Ian, 68 Besen, Wayne, 70 Bunting, Josiah, III, 166 Banbury, Scott, 267 Besser, Mary Pamela, 258 Burgen, Julia, 273 Bank of New York, 268, 269 Best, Patricia, 99, 107 Burkett, Eric, 142 BankofNYkills.com, 268, 269 “Best Little Whorehouse in Texas, The,” 122 Burns, Ken, 206 Baptist Joint Committee on Public Affairs, Bhotia, India, 147 Burow, Gregory, 76 237 Bhotia, Tashi, 147 Bush, Barbara, 147–148 Barber, Edward B., 197 Bible, the, 123 Bush, George W., and Bush administration, Barber, Pat, 161–162 Biden, Joseph R., Jr., 243 6, 240–242, 250, 255 Barker, Julie, 13, 76 “Big Daddy,” 100 Bussard, Mr., 29 Barnett, Stephen R., 212 Big Y Supermarket chain, 17, 150 Butler, Craig, 99 Barr, Bob, 243 Birch, Judge Stanley Francis, Jr., 160 Buzz, The, 245 Barr, Jack, 59 Bland, Yana, 215 Byers, Patsy, 111 Barrar, Stephen, 17 Blanton, Tom, 245–246 Byrne, Alex, 244 Barrett, John E., 122 Bleggi, Douglas, 58 Barrett, Kathy, 245 Bloesser, Carol, 12 C Barrett, Stephen, 259 Blood and Chocolate, 197, 247 Cadet (Virginia Military Institute), 142 Barrett Outdoor Communications, 122 Blue Mountain Community College, 60 California: Bart, Peter, 8, 9 BMG, 141 Alameda County, 259 Bartlett, Roscoe, 243–244 Bob Jones University, 142 Anaheim, 53, 95, 173 Bartnicki, Gloria, 63, 155 “Bodies,” 250 Berkeley, 248 “BASEketball,” 100 Boesch, Terry, 260 Chico, 245 Bass, Frank, 179 Bohndorf, Sarah, 124 Fairfield, 76 Bastian, John, 4 Boller, Katie, 59 Fresno, 12 Bates, Karen, 199–200 Bollinger, Rick, 14, 58 Fullerton, 220 Bates College, 109, 110 Boman, Sarah, 177–178 Livermore, 69, 105–106, 125–26, 190 Baucus, Max, 244 Bonde, Richard, 96 Long Beach, 212 Baumgartner, Andrew, 179 Bonfiglio, Paul R., 107 Los Angeles, 30, 108–109, 202–203, Baysinger, Don, 136 Bongiovanni, Lisa Marie, 261 211–212, 248–249, 252–253 BBC, 280 Bonjean-Coleman, Roxanne, 55 Madera, 30 Beastie Boys, 249 Bonnell, John C., 256 Martinez, 55 Beaumont Enterprise, 199 Boochever, Judge Robert, 212 Newark, 55 Bechtel Group, 135 Books and Books, 270, 279 Sacramento, 15–16, 34 Beck, Joseph, 160, 170 Borders Books and Music Stores, 279 San Diego, 262 Becker, Al, 202 Boroff, Nicholas J., 107 San Jose, 150, 267–268 Becket Fund for Religious Liberty, 24 Boston Globe, 149 San Luis Obispo, 121 Bedford Introduction to Literature, 56, Boucher, Richard A., 250 Santa Barbara, 158 179–180 Boudoin, Tricia, 177, 276 Tustin, 247–248 Beeson, Ann, 27, 81, 92, 126–127, 130, Bowen, John, 194 Yorba Linda, 55–56 156, 187 Bowen, Roger W., 165 California Library Association, 126 Beginner’s Bible: Timeless Children’s Bowman, Locke, 161 California State University, Chico, 245 Stories, 24 Boyd, Graham, 121–122 California State University, Fullerton, 220 Behe, Michael J., 70 Boy Scouts, 70 Campbell, Kelly, 216 Behnoud, Masoud, 101 Brady, Ret. Maj. Gen. Patrick, 218 Canada: Beidler, Karl, 108 Brave New World, 11 Ottawa, 114, 129 Beihai Youth League, 17 Breyer, Judge Stephen, 63, 103, 155, 205, Canadian Dimension, 135 Belarus: 206, 208, 231, 255 Canby, Judge William C., Jr., 262 Grodno, 151 Brice, Mary, 193 Cannon, Chris, 244 Belgium: Brick, Ann, 15, 16, 69, 105 Cannon, Robert, 145 Brussels, 114 Brindle, Wayne, 37 Cantwell, Maria, 243 Bell, Judge Robert Holmes, 264 Brinkema, Leonie, 144 Capcom Entertainment, Inc., 220 v51n3.qxd 05/08/2002 4:01 PM Page ind5

Caplan, Aaron, 108, 119 Christian Outreach College, 62 Conroy, Pat, 76 Capote, Truman, 76 “CIPA Certification Requirements Consiglio, David, 99 Carillo, Teresa, 197 Clarified,” 133, 162 Construction and Operation of Clandestine Carney, David, 92 Ciparick, Judge Carmen Beauchamp, 72 Drug Laboratories, 25, 66 Carr, Conal, 17 Citadel Communications, 271 Consumer Federation of America, 83 Carr, Walter, 12, 13 Citizens Flag Alliance, 218 Consumer Project on Technology, 83 Carrington, John, 139 City News and Novelty, 21 Consumer Reports, 82, 127 Carroll, Holly, 173 Clark, Kenneth, 97 Consumers Union, 83 Carter, Judge David O., 108 Clarke, Torrie, 241 Contreras, Danny, 21 Carvin, Andy, 5 Classen-Sullivan, Susan, 16 Conyers, John, 218, 244 Carvin, Michael, 231 Clayton, Robin, 36 Coogle, Tim, 129 Castro, Fidel, 222 ClearChannel Communications, 249–250 Cook, Christopher D., 136 Catcher in the Rye, 76, 277, 278 Clegg, Roger B., 258, 259 Cook, Joe, 163, 221 Cate, Phillip, 198 Cleland, Max, 141 Cooley, Edwin, 11 Catholic League for Religious and Civil Clements, Jay, 15 Cooney, Caroline H., 35, 44 Rights, 61 Clerici, Kevin, 98 Cooper, Rabbi Abraham, 52, 68 Catholic Press Association, 149 Clinton, Bill, and Clinton administration, Cooper-Dean, Phyllis, 35 Cayce, Edgar, 101 136, 143, 175, 272 Copenhagen Politiken, 136 Caywood, Carolyn, 137, 170–172 Clinton, Hillary Rodham, 168–169 Copps, Michael, 271, 272 CBS, 250 Clossey, Mary, 198 Corey, David, 13 Celeste, Philip, 251 Clossey, Sean, 199 Corley, Eric, 167, 168 Censor Board, India, 101 CNN, 253 Cormier, Robert, 7, 43, 54, 57–58, 145 Center for Democracy and Technology Cochabamba, Bolivia, 135 Cornerstone Project, 7 (CDT), 109, 117, 272 Cochran, Barbara, 241, 242 Corn-Revere, Robert, 93 Center for Equal Opportunity, 258–259 Cochran, Johnnie, 170 Cornyn, John, 273 Center for Media Education, 83 Cody, Robin, 36 Coronado, Alexandria, 95 Center for Survey Research and Analysis, Cofer, John, 142 Corpus Christi, 149, 211, 257–258 University of Connecticut, 131, 195 Coffer, Capri, 65, 98 Corrado, Frank L., 169 Center for the Study of a National Option, 45 Coffey, Judge John, 258 Cosmopolitan, 17 Center for the Study of Popular Culture, 99 Coffman, Judge Jennifer, 70–71 Cotton, John, 164 Centralia Nerd Network, 193 Cohen, Sara, 54 Couch, John, 36 Central Intelligence Agency (CIA), 245–246 Colas, Ramon, 45 Coughenour, Judge John, 108 Central Missouri State University, 95 Cole, Judge R. Guy, Jr., 65, 170 Council on American-Islamic Relations, 237 Chamber of Commerce, 256 Coleman, Louis, 258 Coup, The (rappers), 253 Chandler, Byron, 75 Coles, Matt, 26 Court decisions: Chapman, John, 216 Collegian (Bob Jones University), 142 Arts: Chappell, Douglas, 57 Collegian (Hillsdale College), 142 San Antonio, Texas, 162 Charles University, 151–152 Collins, Cat, 201 Pasco, Washington, 113–114 Chbosky, Stephen, 198 Colorado: Assembly: Cheko, 280 Boulder, 97, 146–147 Long Beach, California, 212 Chelsea House, 173 Colorado Springs, 201 Bookstore: Chianese, Dominic, 251 Denver, 169, 173, 176, 211, 220, 251 Denver, Colorado, 211 Chicago Little Leaguers, 260 Color Purple, The, 14, 58, 145–146 Kansas City, Kansas, 66 Chicago Public Library, 44 Combatting Terrorism Act of 2001 (pro- Broadcasting: Chicago Public Library Commission, 257 posed), 274 Chicago, Illinois, 260 Chicago Reader, 161 Commission on Child Online Protection Washington, D.C., 27–28 Chicago Tribune, 139 (COPA), 3–5, 80 Child pornography: Chico News and Review, 245 Committee for Social Justice, 251 Baltimore, Maryland, 28–29 Child Online Protection Act (COPA), 73, Committee on Court Administration and Jersey City, New Jersey, 29–30 138, 155–156, 256 Case Management, 275 Church and state: Child Pornography Prevention Act of 1996, Committee to Protect Journalists, 38, 151, Louisville, Kentucky, 210 28–29 254 Medford, New Jersey, 24 Children’s Internet Protection Act (CIPA), Common Cause, 237 Richmond, Virginia, 24–25 41, 80–82, 85, 87–91, 126–27, 133, Communications Decency Act, 109, 156, Colleges and universities, 257–259 137, 138, 143, 162, 170–172, 185, 188, 259 Santa Barbara, California, 158 190–91, 216, 224–230, 247 “mini CDAs,” 190, 191–192 Peoria, Illinois, 158–159 Chin, Judge Denny, 221 Computer & Industry Association, 256 Fort Wayne, Indiana, 211, 257–258 China: Computer Professionals for Social Jefferson County, Kentucky, 258 Beijing, 17–18, 151 Responsibility, 81, 83 Havre, Montana, 159 Shanghai, 203 Concerned Women for America, 150 California, Pennsylvania, 159–160 Chmara, Theresa, 66, 87–88, 182 Condon, Charlie, 246 Madison, Wisconsin, 112–113, 259–269 Chmura v. Michigan Judicial Tenure Confederacy of Dunces, A, 146 Confederate flag: Commission, 23 Confessions of Nat Turner, The, 146 Baltimore, Maryland, 67 Chocolate War, The, 43, 44, 57–58 Connecticut: Roanoke, Virginia, 67–68 Choe, Ken, 210 Hartford, 68 Copyright: Chretien, Jean, 242 New Haven, 122, 147–148 Kanab, Utah, 261–262 Christian Broadcasting Network, 240 Stonington, 214–215 Etc.: Christian Coalition, 81, 124 Winsted, 16, 77 Los Angeles, California, 30 Christian Family Association, 266 Connecticut Library Association, 127 Madera, California, 30 Christian Law Association, 214 Connolly, Jeremiah P., 67 Hartford, Connecticut, 68 v51n3.qxd 05/08/2002 4:01 PM Page ind6

Frankfort, Kentucky, 68 Crenshaw, Debbie, 35 Denver Post, 176 Boston, Massachusets, 68 Crisp, Cliff, 261 DeRosier, Arthur H., Jr., 4 Philadelphia, Pennsylvania, 30–31 Crist, Margo, 46–48, 77–78 desBordes, Mary, 35 Wichita Falls, Texas, 31 Cross, Christie, 12 Deschamps, Christine, 244 Film: Cross, Rev. Gene, 12 DeThomasis, Brother Louis, 59–60 Chicago, Illinois, 260 Crowley, Nina, 250 Devil’s Advocate (Hinsdale Central High Amity, Louisiana, 110–111 Crown and Anchor Inn, 222 School, Illinois), 148–149 Asheville, North Carolina, 261 Cuba, 45, 204, 222 DeVore, P. Cameron, 207 Foreign: Cunningham, Mark, 115 de Vries, Abe, 136 Brussels, Belgium, 114 Curl, Dr. James, 75 Dickinson School of Law, 166 Munich, Germany, 129 Curley, Barbara, 221 Dietz, Craig, 57–58 Ottawa, Canada, 114, 129 Curley, Jeffrey, 221 DiFranco, Ani, 250–251 Free access: Curley, Robert, 221 Digital Freedom Network (DFN), 32 Daytona Beach, Florida, 113 Currie, Rev. Charles L., 150 Digital Future Coalition, 10 Internet: Curtin, Terry, 248 Digital Media Forum, 5 Alameda County, California, 259 Curtis, Alfred, Jr., 119 Digital Millennium Copyright Act (DMCA), Los Angeles, California, 108–109 Curtis, Michael Kent, 180 10, 167, 168, 267, 268, 269 Tallahassee, Florida, 109 “Cyber Arte: Where Tradition Meets Dille, John, 272 Woodstock, Illinois, 66–67 Technology,” 175 Dineen, John W., 14, 174 Rome, Italy, 67 CyberPatrol, 6, 81, 139, 227 Dion, Ed, 263 Lewiston, Maine, 109–110 CYBERsitter, 139 Direct Marketing Association, 118 Lansing, Michigan, 208–209 “Cyberstalking: A New Challenge for Law Disney Corporation, 9 Morristown, New Jersey, 209–210 Enforcement and Industry,” 140 Dixon, Isabella, 217 Portland, Oregon, 110 Czech Republic, 175 Dmytriw, Charles, 16 Seattle, Washington, 161 Prague, 62, 151–152 Dobrodeyev, Oleg, 153 Washington, D.C., 259 Dodge, Anne, 16 Waukeshe, Wisconsin, 259–260 D “Does Skin Color Make a Difference,” 97 Libraries: Daddy’s Roommate, 74, 182 Doherty, Will, 81 Livermore, California, 105–106, Daily Californian (University of California, Dombrowski, Andrea, 16 125–26 Berkeley), 94, 98, 99, 248 Domenech, Daniel A., 96–97 Chicago, Illinois, 257 Daily News (New York), 61, 270 Donohue, William, 61 Washington, D.C., 257 Daily Variety, 8 “Doom,” 169, 220 Periodicals: Daily Wildcat (University of Arizona), Doornink, Ron, 252–253 Los Angeles, California, 211–212 97–98 Dority, Barbara, 200 Press freedom: Daley, Richard M., 260 Doughney, Michael, 259 Chicago, Illinois, 161 Dalglish, Lucy, 34, 104, 216, 270 Dow Jones & Company, 160 Privacy: Dalton, Brian, 217 Downie, Leonard, 147 Denver, Colorado, 25–26 D’Amour-Daley, Claire, 17 Downs, Robert, 30 Kingston, New Hampshire, 26 Dana, Mary, 180 Doyle, Julie, 37 Minersville, Pennsylvania, 26 Dancer, Andrew, 11 Drowning Pool, 250 Pittsburgh, Pennsylvania, 27 Daniels, Gary, 196, 217 Drug Enforcement Administration (DEA), Property rights: Dannum, Ron, 53 121 Abilene, Texas, 161–162 Dardenne, John L., Jr., 140 Druids, 96 Publishing: Dare, Brian, 55 Duane, Tom, 201–202 Atlanta, Georgia, 160–161 Darwin on Trial, 70 Duefrene, Daniel, 263 Schools: Darwin’s Black Box, 70 Dugan, Nicki, 150 Worcester, Massachusetts, 64–65 Daughters of Eve, 96 Dunbar, Delia, 45 Syracuse, New York, 106–107 Davidson, Alan, 18 Duncan, Lois, 43, 96, 197 Van Wert, Ohio, 107 Davis, Amy, 261 Dunham, Robert, 166 Pittsburgh, Pennsylvania, 157 Davis, Bill, 182 Dunn, Christopher, 170, 223 State College, Pennsylvania, 107–108 Davis, Gray, 34 Dunn, Jennifer, 138 Seattle, Washington, 108 Davis, Jillian, 264 Dunn, Mark, 55 Student press: Davis, Martin, 145 Duprey, Steven, 57 Frankfort, Kentucky, 65–66 Davoudi-Mohadjer, Fariba, 101 Durham, Lori, 277–278 Video games: Day, Kim, 202 Dusenburg, Carolyn, 245 Indianapolis, Indiana, 28, 111–112 Deal with It! A Whole New Approach to Dvorakova, Vladimira, 152 Zoning: Your Body, Brain, and Life As a Gurl, Dyer, Jim, 173 San Diego, California, 262 246 Dykman, Judge Charles P., 259 Coville-Bauder, Tina, 57 Deans, Bob, 242 Cox, Christopher, 244 DeCSS, 167–168, 267 E Cox, Jenelle, 55 Defender Association of Philadelphia, 166 Eagle, The (University of Charleston), 60 Cox, Renee, 61 DeGeurin, Mike, 271 Eagle Forum, 80–83, 237 Cox Newspapers, 242 DeLacretaz, Cheryl, 174 Earley, Mark, 24, 64 Coy, Jonathan, 264 Delahanty, Judge Thomas E., II, 110 Earnhardt, Mrs. Dale, 113 Crandall, Susan, 99 Delgado, Julia Cecilia, 45 Eastern Standard, 55 Crane, David, 81 Dellinger, Walter, 111 Ecstasy Anti-Proliferation Act, 122 Crawford, Pat, 278 Dempsey, James X., 109, 272 Edmondson, Sarah, 111 Creation Science Evangelism ministry, 116 Dempsey, Mary, 257 Edwards, Judge Harry T., 27–28 Creative Coalition, 180 Dendrite International, 209–210 Edwards, Mark A., 97 Creme, Robert, 106 Denno, Wayne, 20 Egeland, Eric, 278 v51n3.qxd 05/08/2002 4:01 PM Page ind7

Egeland, Joan, 247, 278 Federal Criminal Police Office, Germany, Fournier, Rev. Stephen D., 19 Eidos Interactive, Inc., 220 152 Fowler, Judge Earl J., Jr., 261 Ekho Moskvy radio, 153 Federal Trade Commission (FTC), 141, 143, Fox TV, 17 ElcomSoft, 267 168 France: Elders, John, 220 Federated Media, 272 Paris, 18, 34, 275 Electronic Arts, 253 Feeny, Terry, 135–136 France Telecom, 275 Electronic Frontier Foundation (EFF), 81, Feingold, Russell, 243 Frankel, Larry, 26 82, 118–119, 138, 237, 259, 267, 268 Felder, Raoul, 119 Frankfurter Allgemeine Zeitung, 118 Electronic Privacy Information Center Feldman, Kerry, 124 Fraser, Kimberly, 3 (EPIC), 5, 81, 83, 108, 127, 138, 154, Felten, Edward W., 165–166, 268 Fraternal Order of Eagles, 157 243, 273, 275 Fenalson, Ninette, 278 Freaky Friday, 53–54 Elementary and Secondary Education Act, Fennerty, James, 257 Free Congress Foundation, 80, 237 41 Ferguson, David P., 165 Freedom Forum, 195, 275 Title III, 80 Ferguson, Jim, 148 Freedom of Expression Foundation, 7 Eliasberg, Peter, 261 Ferrer, Fernando, 61 Freedom of Information Act (FOIA), 103 Eli Lilly and Company, 176 Feuerstein, Marilyn, 124 Freedom of Information Foundation of Eller Media, 17 Fey, Barry, 251 Texas, 273 Elliott, Dick, 140 Feyziyyeh, 102 Freedom to Read Foundation, 1, 49–50, EMI, 141 Ficca, John, 13 73–74, 78, 126, 190–192, 209, 237 Eminem, 201, 271 Fiene, Robert, 91 Roll of Honor, 182, 192 Emmerson, Brandon, 178–179 Fighting Ground, The, 37, 75 Free Expression Policy Project, 120 Emmett, Nick, 93, 108 Figueras, Elena, 8 Free Library of Philadelphia, 126 End of Privacy, The, 51–52 Finan, Christopher, 279 Frey, Jennifer, 124 Enterline, Christine, 53, 173 Finch, Larry, 12 Friedman, David, 70–71 EnvirLink Network, 268–269 Finkelstein, Seth, 92 Friends of Cuban Libraries, 45 Environmental Protection Agency (EPA), 176 First Amendment Center, 93, 131, 180, Friends of Sulzer, 257 Equal Employment Opportunity 194–195, 271 Friends of the Philadelphia City Institute Commission, 187 First Amendment Project, 81, 114, 119, 256 Library, 126 Equality Now, 114 Fischetti, Veronique Leriche, 96 Frisoli, Lawrence, 221 Esperanza Center, 162 Fishkin, Bill, 245 Fritts, Eddie, 272 Ess, Megan, 96 Fishner, Steven M., 71 Frontier Post, 280 Estabrook, Leigh S., 3 Flaherty, Jack, 157 Front14.org, 275 Estopinal, James D., 122 Fleisher, Ari, 241, 242, 270 Froomkin, A. Michael, 83 Ethical Spectacle, The, 82 Fletcher, Judge Betty, 22 Fryer, John, 12 Euben, Donna, 159–160 Flores, J. Robert, 4, 138 Fuhrer, Lance, 13 European Union Commission, 275 Florida, 154 Fuller, Janine, 114 Evans, Tabor, 277 Boca Raton, 149 Everhart, Roger, 70 Broward County, 70 G Ewald, Bill, 264 Cooper City, 56 Gabbert, Leslie, 57 Executioner’s Song, 146 Daytona Beach, 113 Gabriel, Peter, 249 Export-Import Bank, 175 Hernando County, 53–54, 123 Gagnon, Sharon, 120 Hollywood, 263, 279 Gaines, Ernest, 76 F Jacksonville, 12, 56, 179–180 Galveston County Daily News, 15 Fahringer, Harold Prince, 72 Ocala, 54, 123, 246 Ganier, Albert F., III, 4 Fairness and Accuracy in Reporting (FAIR), Pinellas County, 70 Ganji, Akbar, 102 136, 219 Tallahassee, 109 Gannett Foundation, 7 Falati, Gary, 76 Volusia County, 20 Gantt, Bob, 12 Falk, Kenneth, 28 Florida Alligator (University of Florida), Garcia, Judge Orlando, 162 Fall, Judge Robert, 209 113 Gardner, John, 278 Fallen Angels, 36, 44 Florida Atlantic University, 149 Garment, Leonard, 119 “Fall River Celebrates America,” 251–252 Florida Department of Corrections, 279 Garraty, Bill, 215 Falun Gong, 203 Florida Department of Juvenile Justice, 279 Gaskill, Sam, 72–73, 143, 144 Falwell, Jerry, 240–241 Flournoy, James, 70 Gaza Strip, 253 Families On Line, 91 “Fly,” 249 Gazprom, 153 Family Educational Rights and Privacy Act Focus on the Family, 70 Gee, Charles, 70 of 1974, 110, 258 Follett, Ken, 54, 96 Geib, Rev. Fred, 37 Family Research Council, 3, 127, 217 Food and Drug Administration (FDA), 176 Geller, Steven A., 140 Fand, Daria, 276, 279 Food Lion, 150 Gelman, Lauren, 119 Farley, Robert, 135 “Fools,” 153 General Electric, 175 FBI, see Federal Bureau of Investigations Foreigner, 101 George, Anthony Don, 169 (FBI) “Foreigner, The,” 13 George Washington University, Faculty FCC, see Federal Communications Foreign Relations of the United States Senate at, 164 Commission (FCC) series, 245–246 Georgia: Federal Aviation Administration (FAA), 242 Forsman, Carolyn, 182 Atlanta, 160–161, 169 Federal Bureau of Investigation (FBI), 28, Forsythe, Tom, 261 Cobb County, 145–146 263, 267–268, 270, 273 Fortunato, Armando, 177–178 Dacula, 198 Federal Communication Commission Foundation for Individual Rights in Glynn County, 277–278 (FCC), 27–28, 80, 133, 162, 201, 219, Education, 125 Kennesaw, 200–201 271–272 Fournier, Andrea, 19 Luthersville, 70 Federal Communications Decency Act, 69 Fournier, Darleen, 19, 205 Savannah, 76 v51n3.qxd 05/08/2002 4:01 PM Page ind8

Germany: Grossman, Harvey, 158 Haynes, Charles, 266 Berlin, 117–118, 152 GT Interactive Software Corp., 169, 220 HBO, 251, 260 Munich, 129 Guardian Angels, 119 Heastie, Ernestine C., 96 Gerstein, Dan, 168 Guardian (London), 18 Heather Has Two Mommies, 74, 182 Getgood, Susan, 81, 227 Guayadeen, Ria, 60 Hebert, Sid, 177, 276 Getty, Joseph M., 214 Gullo, Dr. Chas, 62 Hedrick, Bob, 108 Giacalone, Bill, 37 Gun-Free School Zones Act, 195 Hefner First Amendment Award for Lifetime Giardina, Cathy, 265 Gun Owners of America, 237 Achievement, Hugh M., 180 Gibson, Betty, 65, 98 Guo Qinghai, 151 Hegi, Ursula, 76 Giebel, Douglas C., 159 Gusinsky, Vladimir, 153 Heins, Marjorie, 120, 139, 256 Gilbert, Jonathan, 200, 257 Helms, Jesse, 222 Gilmore, James S., 178–179 H Helms, Parks, 145 Gilsdorf, Annie, 148–149, 193 Hack, Elisha D., 256 Hemmah, Christopher, 118 Ginger, Ann Fagan, 120 Hackett, Judge Barbara, 170 Henderson, Mary Kay, 55 Ginger, Raymond S., 120 Hafenbrack, Josh, 60 Henderson, Wade, 237 Ginsberg, Allen, 12 Hagan, Kay, 163 Hensman, Kathleen, 263 Ginsburg, Justice Ruth Bader, 205, 206, 231 Hagymasi, Diane, 16 “Hercules,” 101 Giuliani, Rudolph, 61, 71–72, 119–120, 162, Haight, Rev. Roger, 149–150 Hernandez, Daniel, 94, 102 223 Haines, Fred, 38 Hernandez, Judge George, 69 Giver, The, 44, 192–193, 199 Haines, Larry E., 213–214 Hertzberg, Theodore, 58–59 Glamour, 17 Hajek, Jiri, 62 Hiestand, Mike, 196, 200 Glasser, Ira, 143 Halagan, Bob, 187, 196 Higgins, Tom, 146 Glenberg, Rebecca, 166–167, 256 Hale, Judy, 216 Highland Books, 104 Glenn, Peter G., 166 Hale, Matthew, 115, 263 Highway Beautification Act (Texas), Glenville State College, 59 Hall, Judge Sophia, 257 161–162 Glory, 56 Halle, David, 202 Hilton, Judge Claude M., 24 Glynn County Parent Teacher Association, Hallford, Jeff, 55 Himes, Kenneth R., 149 278 Halloween ABC, 75 Hitler, Adolf, 62, 117, 129 Godspell, 15 Halvorssen, Thor L., 125 Hochstadt, Steven, 109–110 Goetschius, Gary, 75 Hamas, 253 Hoffman, Carey, 267 Goff, Don, 279 Hamilton, Judge David, 28 Hoffman, Dustin, 211–212 Gold, Laurence, 103 Hamilton, Mark R., 124, 125 Hoffman, Paul, 158 Goldberger, David, 217 Hamlet, 153 Hollings, Ernest, 141 Goldblatt, Allen, 6, 91 Hamm, Bob, 36 Holman, Greta, 222 Golden, John M., 160 Hammer of Eden, The, 54 Holschuh, Judge John, 170 Golden, Lynelle, 200–201 Hammond, Steve, 177 Holt, Jim, 115 Goldsmith, Barbara, 181 Hampton, Robert M., 182 Home School Association, 124 Goldsmith, Jack, 52 Han Seung Soo, 203 H1-B (immigration program), 176–177 Gomberg, Debbi, 15 Handmaid’s Tale, The, 174 Hood, Zachary, 24 Gomez, Judge Jean-Jacques, 18, 52, 68 Hanlon, Judge Daniel, 69 Hoofnagle, Chris, 275 Gone With the Wind, 160, 191 Hansen, Chris, 80 Hopper, Janette, 113–114 Gonzalez, Judge Irma E., 262 Hanson, Mark S., 192–193 Horack, Anne, 55 Gonzalez, Ricardo, 222 Haqiqat-Joo, Fatemeh, 101 Horany, John, 182 Goodman, Mark, 59, 65, 92, 99, 148–149 Hardball, 260 Horowitz, David, 66, 94, 98, 99, 102, 142 Good News Club, 19, 205, 231 Hardy, Kenneth E., 258 Horowitz, Michael E., III, 4 Goodwin, Doris Kearns, 206 Harman, Jane, 244 Houghton Mifflin Company, 160–161 Goodwin, Maryellen, 140 Harmon, Judge Melinda, 271 House of Blues Concerts, 251 Gordimir, Nadine, 153–154 Harrington, Judge Edward, 68 House of the Spirits, 76 Gordon, William, 88–89, 89 Harrington, Nicki, 60 Housing Works, 223 Gore, Al, 140 Harris, Eric, 169, 220 Hovind, Kent, 116 Gorman, Bruce, 76 Harris, Robie, 54, 123, 247, 278 “Howl,” 12 Gorman, Dr. Peter C., 247 Harris-Ewing, Sharon M., 124 Hoyle, Jennifer, 257 Gorsuch, Edward Lee, 124 Harrison, Donna, 115 Hu, Janny, 248 Government Printing Office (GPO), Harry Potter and the Goblet of Fire, 62 Huff, Ms., 98 245–246 Harry Potter and the Sorcerer’s Stone, 146 Hughes, Donna Rice, 4, 197 Graham, Bob, 272 Harry Potter series, 11, 12, 13, 15, 43, 62, Human Rights Commission of Pakistan, 280 Graham, Heather, 96, 173 75, 76, 146, 197 Huntingdon Life Sciences, 268 Graham, Phil, 272 Harshbarger, Scott, 231 Huntington, Jennifer M., 198–199 Grassley, Charles, 269–270 Hart, Jonathan, 93 Hurd, William, 276 Graves, Bill, 44–45 Hart, Peter, 219 Hutton, Ann, 37 Gray, Gerald, 252 Hartline, Carol A, 67 Huxley, Aldous, 11 Gray, Jackson, 23 Harvard Crimson, The, 99, 120 Green, Cynthia, 11 Harvard University, 120 I Green, Richard, 258 Haselton, Bennett, 7, 138 Ice Floe, 125 Green, Roger, 96 Hassin, Judge Donald, Jr., 259–260 Idaho: Greenaway, Judge Joseph A., 29 Hasson, Kevin J., 24 Post Falls, 54 Greene, David, 114, 119, 162 Hauptman, Laurence M., 164–165 ID Software, Inc., 169, 220 Grinch, The, 55 Havon, Inc., 261 IFLA/FAIFE World Report, 244 Gross, Robin, 267–268 Hawaii: I Know Why the Caged Bird Sings, 36, Gross, Susan, 221 Honolulu, 276, 279 43–44 v51n3.qxd 05/08/2002 4:01 PM Page ind9

Illiniwek, Chief, 158 Iran-e Farda, 102 July’s People, 153 Illinois: Ireland: “Jumper,” 249 Chicago, 44, 161, 257, 260 Dublin, 38 Junkbusters, 83 Hinsdale, 148–149 Irwin, Bobby, 201 Justicefiles.com, 217 Kankakee, 57 Islamic Republic News Agency, 62, Neuqua Valley, 13 101–102 K Peoria, 158–159 Israel: Kading, Liz, 215 Schaumburg, 115, 263 Jerusalem, 254 Kading, Tristan, 214–215 Woodstock, 66–67 Israeli Defense Force (IDF), 254 Kaffir Boy: The True Story of a Black Youth’s “Imagine,” 249 Istook, Ernest, 5, 80 Coming of Age in Apartheid South In Cold Blood, 76 Italy: Africa, 76 Indahl, Marcia, 278 Rome, 62, 67 Kane, Anthony F., Jr., 63, 155 “In Defense of Freedom at a Time of Itogi magazine, 153 Kansas, 44–45 Crisis,” 237, 239 It’s Perfectly Normal, 54, 123, 247, 278 Bluestem, 178 India: “It’s the End of the World as We Know It Derby, 23 New Delhi, 101 (And I Feel Fine)”, 249 Kansas City, 66, 124 Indiana: Itule, Bruce, 98 Oskaloosa, 197 Elkhart, 156–157 Ivry, David, 254 Kansas State Board of Education, 44 Fort Wayne, 211, 257–258 Kaplan, Judge Lewis A., 167–168 Indianapolis, 28, 111–112 J Kaptain, Bernadette, 265 New Albany, 33 Jabr, Fatima, 163–164 Karake, Mark, 60 Indiana University-Purdue University, 211, Jabr, Hesen, 163–164 Katalov, Alexander, 268 257–258 Jabr, Yazied, 163–164 Katherine Anne Porter School, 215 “Indian Girls,” 124 J’accuse, 275 Kathleen R. v. City of Livermore, 105–106, Indonesia: Jackson, Arcelia, 97, 174 125–26, 190 Jakarta, 254 Jackson, George, 34 Katz, Stanley N., 207 Indonesian Communist Party (PKI), Jacobs, Ignatius, 154 KBOO/90.7 FM, 219 245–246 James, Bill, 145 Keane, James, 37 Indonesian Ministry of Information, 254 James Madison Freeodm of Information Keegan, Matthew, 198 Infinity Broadcasting, 201–202, 249 Awards, 182–183 Keller, Michael, 13 Infinity Outdoor, 201–202 James V. Allred Unit (maximum security Kelley, George, 13, 76 Infogames, Inc., 220 prison), 31 Kellogg, Steven, 35 Information and Communications Services Jamison, Susan, 36 Kemeny, Matt, 16, 77 Bill, Germany, 152 Janmohamed, Zee, 147 Kennedy, Justice Anthony M., 22, 63, 205, Information Center for Human Rights and Japan: 207, 208, 231, 232, 255 Democracy, 17, 151 Tokyo, 102, 203–204 Kennedy, David M., 206, 272 Information Technology Association of Jaszi, Peter, 10, 168, 206 Kennedy-Shaffer, Alan, 14, 58 America, 256 Jaynes, Charles, 221 Kennesaw State University, 200–201 InfoSpace, 119 Jean Otto Friends of Freedom Award, 45 Kentucky: Ingram, Terry, 199 Jedniak, Michelle, 57 Elkhorn City, 252 Institute for Advanced Study of Human Jefferson Community College, 258 Frankfort, 65–66, 68 Sexuality, 256 Jeffords, James, 218 Jefferson County, 258 “Intellectual Freedom Principles for Jenkins, Patsy, 164 Louisville, 70–71, 210 Academic Libraries: An Interpretation Jensen, Darren, 245 Muhlenberg County, 115 of the Library Bill of Rights,” 44 Jesus, Symbol of God, 149 Kentucky Baptist Homes for Children International Action for Justice (AIPJ), 275 “Jet Airliner,” 249 (KBHC), 210 International Business Machines Corp., 118 Jiang Nan, 17 Kentucky Cycle, The, 252 International Federation of Library Jimenez Yance, Reynaldo, 45 Kentucky State University, 65–66, 98 Associations, 45 Johnson, Gary, 174–175 Kesey, Ken, 55 International Information Hiding Workshop, Johnson, Jim, 246 Khamenei, Ayatollah Ali, 102 166 Johnson, Marvin, 80, 127 Khamis, Victoria, 257 International League Against Racism and Johnson, Matt, 147 Khan, Ibrahim, 280 Anti-Semitism (LICRA), 34, 52 Johnson, Philip, 70 Khan, Mehboob, 280 International Press Institute (IPI), 254 Johnson, Timothy, 281 Khomeini, Ayatollah Ruhollah, 62 International Union, 83 Johnson & Johnson, 60–61 Killing Mr. Griffin, 43, 197 Internet Corporation for Assigned Names Jolin, Michael, 174 Kim Dae Jung, 203 and Numbers (ICANN), 83 Jomhuri Islami, 62 Kincaid, Charles, 65, 98 Internet History Log Files (IHLF), 26 Jones, Candy, 142 King, Barbara, 116 Internet InterGate censorware, 247 Jones, Fraser, 242 King, Brooks, 99–100 Internet Service Providers Association of Jones, Judge Robert, 110 King, Charles, 223 France (AFA), 275 Jones, Sarah, 219 King, Chris, 147 Interplay Entertainment Corp., 220 Jordan, Boris, 153 King, Don, Jr., 273 Interscope Records, 201 Jordan, Eason, 253 King, Martin Luther, Jr., 82 In the Time of the Butterflies, 13 Journal of American History, The, 144 King, Robert L., 164–165 Introduction to Psychology, 60 Joyce, James, 38 Kinnaird, Ellie, 163 Iowa: Judicial Conference of the United States, Kirkland, Jeffrey, 59 Cedar Rapids, 35 275 Kiselyov, Yevgeny, 153 Des Moines, 33 Juergensmeyer, John, 115 Kiser, Judge Jackson, 68 Iran: jugendschutz.net, 262 Kish, Robert, 264–265 Tehran, 101–102 Julian, Michael, 260 Kitzmann, Gerald A., 165 v51n3.qxd 05/08/2002 4:01 PM Page ind10

KKMG-FM, 201 Le Toquin, Jean-Christophe, 275 Loveland, Natalie, 12 Klause, Annette Curtis, 197 Letts, Billie, 54, 145 Lowry, Lois, 44, 192–193, 199 Klebold, Dylan, 169, 220 Levin, Michael I., 107 Lukashenka, President, 151 KMBC-TV, 124 Levine, Alan, 22 Lungstrum, Judge John, 66 Knauer, Josh, 268–269 Levine, Lee, 155 Lupu, Ira, 25 Kneedler, Edwin, 22 Levine, Mark, 36–37 Lyle, Freddenna, 33 Knight-Ridder News Service, 70 Levy, Laurent, 34 Lynn, Rev. Barry W., 24–25, 156, 205, 241 Kocian, Tod, 31 Levy, Paul, 209 Lystad, Robert, 270–271 Kocoras, Judge Charles P., 260 Lew, Judge Ronald, 261 Kohl, Herb, 168 Lewis, Judge Fred, 109 M Koizumi, Junichiro, 203–204 Lewis, Julie, 195 MacArthur Judge Center, 161 Kolar, Petr, 152 Lexis/Nexis, 103 McAllister, Elaine, 200–201 Koontz, Judge Lawrence L., Jr., 25 Li, Joanna, 199 McCaffrey, Walter L., 72 Kortright, Peter, 251 Li, Kuyen, 199 McCain, John, 5, 80–81, 85, 141, 144 Kovac, Tommy, 173 Li, Sherry, 199 McCall, H. Carl, 61 Kozinski, Judge Alex, 110 Liberty Books Private, Ltd., 280 McCall, Nathan, 182 Kozuch, Michael, 198 Liberty Champion (Liberty University), 142 McCarriston, Linda, 124–125 Kranich, Nancy, 41, 85, 88, 126 Liberty Council, 31, 70, 116–117, 263 MacCausland, Eddie, 54, 123, 246 Kroger, 150 “Library Community Statement on Freedom McClintock, Dana, 201 Krug, Judith F., 25–26, 43, 89, 92 of Speech and Access to Information,” McClure, Judge James J., Jr., 108 Krupa, Alicia, 16 239 McClure, Pam, 146 Kuhn, James C., IV, 51–52 “Library Internet Access Surveyed,” 3 McCormack, Sean, 242 Ku Klux Klan, 13, 19–20 Library of Congress, U.S. Copyright Office, McCormick, Ken, 146 Kula Vitu, 280 269 McCormick, Valerie, 146 Kushner, Tony, 56, 179–180 Library Sciences and Technology Act McCullers, Carson, 54, 145 KYSR-FM, 249 (LSTA), 80 McCullough, David, 206 Library Services and Technology Act, 41 McDermott, Jim, 281 L Lichtenstein, Allen, 95 McDonald’s, 214–215 Lacy, Dan, 142 Lidove Noviny, 152 McFarren, Peter, 135 LaFalce, John J., 281 Lieberman, Cynthia, 221 McGee, Moe, 213 Lahiji, Shahla, 181 Lieberman, Donna, 220, 223 McGuckian, Judge Paul, 36 Lakner, Ed, 3 Lieberman, Joseph, 141, 168 Mach, Daniel, 182, 185, 224–230, 279 Lamar University-Beaumont, 199 Lilti, Stephane, 34 McKee, Michael, 215 Lammay, Beverly, 174 Li Lu, 93 MacKenzie, Judge Kenneth, 209–210 Lancet, The, 176 Lindquist, Kimberly, 247 MacLaine, Shirley, 101 Lane Community College, 104–105 Lindsay, Lavinia, 16–17 McLean, Don, 249 Large, Tom, 216 Linux Documentation Project, 268 McMasters, Paul, 110, 130, 275 LaRue, Janet, 127, 217 Lion’s Digest (State College High School), 99 McNally, Terrence, 149, 211 “Last of the Believers,” 276 Lipman, Masha, 153 Macomb Community College, 256 Last Temptation of Christ, The, 11 Litts, Jeffrey D., 194 McPhee, Judge Thomas, 108 “Late Show with David Letterman,” Lives of Notable Gay Men and Lesbians, 53, McQuillan, Lawrence, 241–242 250–251 173 McTigue, Michael, 31 Laundromat Liberator, 98 Llywelyn, Morgan, 96 McTyeire, Quint, 258 Laurenti, Lynn, 149 Logan, Jake, 277 Madnick, Ronal, 58 Lawbaugh, William M., 180 London Observer, 136 Magan, Richard, 251 “Law of Unintended Consequences,” 139 London Times, 18 Magazine Publishers of America (MPA), 7 Lawrence, Cynthia, 251 Long Island Coalition Against Censorship, Maher, Bill, 250 Lawrence, Paul, 113–114 14 Maher, Matt, 198 Lawson, Arvis, 57 Lopez, Alma, 100–101, 175 Mahmudov, Mamadali, 181 Leadership Conference on Civil Rights, 237 Lopez, Cassandra, 142 Mailer, Norman, 146 Leahy, Patrick, 243, 272–273 Lords of Discipline, 76 Maine: “Leaving on a Jet Plane,” 249 Los Angeles Alliance for Survival, 30 Lewiston, 109–110 Leavitt, Arnold, 109–110 Los Angeles Cultural Affairs Commission, Maine Library Association, 127 LeBlanc, Adam, 195–196 202–203 Maines, Patrick D., 7 LeBlanc, Andrew, 195–196 Los Angeles International Airport (LAX), Major League Baseball Players Association, LeBlanc, Mary, 195–196 202–203 23 Leboff, Jared, 147–148 Los Angeles magazine, 211–212 Makes Me Wanna Holler, 182 Ledeboer, Nancy, 95 Los Angeles Times, 150 Malashenko, Igor, 153 Lee, Harper, 160 Los Angeles World Airports, 202 Malcolm, Jim, 123 Lee, Howard, 163 Louisiana, 190 Malik, Safdar Hussain, 280 Lee, Judge William C., 211, 257 Alexandria, 163–164 Mallett, Jeff, 150 Legal Services Corporation (LSC), 22, 232 Amity, 110–111 Mama Huruma, 280 Leggett, Vanessa, 270–271 Appaloosas, 13 “Managing Internet Access: Results of a Lehman, Arnold L., 61 Ascension Parish, 195 National Survey,” 3 Lemann, Arthur, 121 Hahnville, 35 Manion, Francis J., 156 Lemoine, David G., 140 Jefferson Parish, 33 Manning, Rev. Robert E., 149 Lemons, Judge Donald W., 24 Lafayette, 276 Mapuri, Omar Ramadhani, 280 Les Hommes, 71–72 New Iberia, 144, 177 Marcano, Ray, 216 Lessig, Lawrence, 18, 268 New Orleans, 121–122, 271–272 Marcus, Stanley, 160 Lesson Before Dying, A, 76 Shreveport, 221 Margulies, Martin, 122 v51n3.qxd 05/08/2002 4:01 PM Page ind11

Marlan, Tori, 161 Michigan, 3, 190 Motion Picture Association of America, Marshall, Barbara, 16, 77 Houghton, 263–264 8–10, 100, 143, 168, 248–249, 267 Martens, Pamela, 223 Lansing, 208–209 MTV, 141 Martin, Jim and Debbie, 36 Traverse City, 173–174 Mueller, Robert, 270 Martin, Michael, 249 Microsoft Corp., 118, 160, 252–253 Muleskinner, The (Central Missouri State Marton, Kati, 38 “Microsoft Flight Simulator 2002,” 252–253 University), 95 Maryland: Mid-Columbia Arts Council, 113 Muller, “Mancow,” 271 Baltimore, 28–29, 67 Mielke, Linda, 213, 214 Mullins, Carl, 252 Carroll County, 213–214 Mihm, Judge Michael, 158–159 Multnomah County Public Library, 127 District Heights, 218–219 Milhorn, Landon, 178–179 Murphy, Kevin, 22–23 Montgomery County, 36–37 Millen, Michael, 69, 105 Murphy, Laura W., 272 Silver Spring, 195 Miller, Debby, 263 Murphy, Tom, 179 Marzilli, Al, 247 Miller, Kelly E., 197 Murray, Mike, 173–174 Massachusetts: Miller, Stephen, 130 Museum of International Folk Art, 100–101, Ashburnham, 58 Miller, Steve, 249 175 Boston, 68, 100 Minnesota: Museum of New Mexico, 100, 175 Cambridge, 120–121, 149 Minneapolis, 187, 265 Muttawakil, Maulvi Wakil Ahmad, 204 Fall River, 251–252 St. Paul, 70 Muzikowski, Bob, 260 Newton, 198–199 Winona, 59–60 “My City Was Gone,” 249 Springfield, 17 Mintcheva, Svetlana, 162 Myers, Stuart P., 174 Worcester, 64–65 MISA-Tanzania, 280 Myers, Walter Dean, 36, 44 Massachusetts Bay Transporation Authority Mishima, Yukio, 55 (MBTA), 100 Mississippi, 157 N Massachusetts Music Industry Coalition, Jackson, 116 Nabavi, Behzad, 102 250 Mississippi Bridge, 97 Nadler, Jerrold, 281 Mater, Nadire, 38 Missouri, 19–20 “Naked Boys Singing,” 222 Mathabane, Mark, 76 Jefferson City, 72–73 Nardone, Dean, 14 Mattel, 261–262 Warrensburg, 95 Narduli, Susan, 202 Matthews, Martha, 53 Mitchell, Margaret, 160, 191 Nathan, Michael, 60 Max, Peter, 119 Mizengwe, 280 Nathanson, Eugene, 30 Maxim, 59–60 Mkapa, Benjamin, 280 National Alliance for the Mentally Ill, 176 Mazel, David B., 142 MLBPA v. Cardtoons, 23 National Association of Broadcasters Mazurek, Joseph, 22–23 Moak, Robert, 140, 154 (NAB), 7, 271–272 Mead Data Central Corporation, 20 Mofaz, Lt. Gen. Shaul, 254 National Association of College Stores, 66 Media Access Project, 83 Moglen, Eben, 167, 269 National Board of the American Civil Media Coalition, 1, 7, 66, 73 Mohasib, 280 Liberties Union, 143 “Media Group Warns: Censorship Won’t Molloy, Judge Donald, 64 National Cable Television Association Stop Violence,” 1, 31–32, 39 Monde du renseignement, Le, 136 (NCTA), 7 Media Institute, 7 Montana: National Center for Education Statistics, Media Institute of Southern Africa, 280 Billings, 124 “Indicators of School Crime and “Media News,” 253 Great Falls, 54 Safety” report, 195–196 Meehan, Martin, 208 Havre, 159 National Coalition against Censorship, 196, Meengs, John, 3 Montan-23a, 22 217, 256 Megale, Vince, 36 Montana Library Association, 124 Arts Advocacy Project, 162 Mehra, Achal, 16 Montanans for Decency through Law, 124 National Coalition for the Protection of Meiklejohn Civil Liberties Institute, 120 Montana State Library Commission, 124 Children and Families, 150 Mein Kampf, 62, 117, 129 Montana State University–Northern, 159 National Collegiate Athletic Association Meitz, Curt, 21 Montebello, Philippe de, 61 (NCAA), 159 Mekki, Hisham, 254 Moore, Rob, 100 National Consumers League, 83 Melancon, Judge Tucker L., 276 Moore, Judge Roy, 265–266 National Endowment for the Arts, 9 Melinda, Dean, 77 Moorhuhnjagd or Grouse Hunt, 117, 118 National Humanities Association, 206 Melvin, Judge Joan Orie, 27 Mopas, Cherei, 76 National Imagery and Mapping Agency, 136 Member of the Wedding, The, 54, 145 Morality in Media, 150 National Law Center for Children and Men of Honor, 9 Moran, Judge James B., 161 Families, 217 Mento, Joseph H., II, 28–29 Moran, James P., Jr., 218, 281 National Lawyers Guild, 237 Mercury, The (Glenville State College), Moran, Kate, 148 National Organization for Women (NOW), 59 Mordue, Judge Norman, 106 223 Merreick, Chris, 219 Morello, Tom, 249–250 National School Boards Association, 92, Merriam, Eve, 75 Morgado, Michael, Jr., 251 195–196 Merrill, David, 268 Morgan, Candace, 49–50, 73–74 National Security Archive, 245 Meskis, Joyce, 25, 45, 211 Morgan, Laura, 44 National Whistleblower Center, 270 Metropolitan Museum of Art, 61 Moriarty, Lt. Lori, 25 National Writers’ Union, 20–21, 206 Metz, Ingrid, 277–278 Morris, Pat, 277 NATO, 136 Mexico: Morrison, Judge Robert H., 111 Natural Born Killers, 111, 190 Santa Fe, 100–101 Morrison, Toni, 36, 160, 199–200 Navasky, Victor, 120–121 Mexidor, Berta, 45 Moshe D., 67 Naylor, Phyllis Reynolds, 43 Meyers, Gary, 259–260 Moss, Kary, 209 Ndebele, Njabulo, 153 Meyers, Terry, 64 “Most Censored Stories of 2000,” 135–36, Neas, Ralph G., 81, 240–241 Meyrowitz, Joshua, 242 175–77 Neighborhood Children’s Internet Protection Michael, Judge James H., Jr., 275–276 Mother Jones, 176 Act (NCIPA), 80 v51n3.qxd 05/08/2002 4:01 PM Page ind12

Nerf, John, 12 Norwin S. Yoffie Career Achievement Overton, Michael, 223 NetAction, 81, 83 Award, 183 Overton, Natalie, 223 NetElection.org, 6 Not in Front of the Children, 139 Ownby, Richard, 15, 36 Neuborne, Burt, 22 N2H2, 6, 33, 82, 91 Nevada: Nutt, Donald, 198 P Las Vegas, 95–96 Nyman, Jared, 117 Pacific Justice Institute, 69 New England Library Association, 126 Page, Clarence, 139 New Hampshire: O Page, Dick, 197–198 Bristol, 13, 76 Oakmonitor (Oakmont Regional High Pahler, David, 121 Conway, 37, 75 School), 58 Pahler, Elyse, 121 Kingston, 26 Ober, Kimberly, 12 Pakistan: Salem, 118 O’Brien, Edmund, 37 Islamabad, 204, 254, 280 New Hampshire “Right-to-Know” Law, 26 O’Brien, Ron, 217 Palenske, J. Bowen, 66–67 New Jersey: O’Brien, Tim, 37 Palestinian Authority, 253 Belmar, 169 Occupational and Safety Administration Palmer, Ruth, 147 Erma, 76 (OSHA), 136 Panaroni, Peter J., 122 Irvington, 195 O’Connor, Flannery, 13 Pannell, Judge Charles A., Jr., 160 Jersey City, 29–30 O’Connor, Justice Sandra Day, 155, 205, Paramount Pictures, 260 Medford, 24 207–208, 231, 232, 255 Parent, Matthew, 14–15, 174 Metuchen, 37–38 Odetalla, Mona, 164 Parents Television Council (PTC), 221 Morristown, 209–210 O’Donnell, Bishop Edward J., 13 Parker, Donald, 14 Newark, 273 O’Donnell, John, 96 Parker, William M., 4 New Brunswick, 60–61 Of Mice and Men, 43–44, 76, 198, 223 Parks, Rosa, 170 New Mexico: Ohio: “Party Music,” 253 Las Cruces, 121 Cincinnati, 170 Pasco City Hall Gallery, 113–114 Santa Fe, 174–175 Cleveland, 255, 264 Pataki, George E., 165 Newsday, 20 Columbus, 217 Patti, Christopher M., 158 Newseum, 195 Lisbon, 57–58 Paul, Ron, 218, 281 Newspaper Association of America (NAA), 7 Willowick, 96, 173 Paulson, Ken, 194, 271 Newsweek, 280 Oklahoma: Pavlak, Anne, 96 New York: Oklahoma City, 118 Paxson School for Advanced Studies, Catskill, 11 Oliva, Grace, 24 179–180 Central Islip, 96 Oliver, Eddie, 174 Peacefire.org, 6, 10, 81–82, 138–139 Great Neck, 58–59 Olson, Jeff Scott, 21 Pearl Jam, 101 Milford, 19, 205 Olson, Theodore B., 255 Peck, Antonio, 106–107 New Paltz, 164–165 Olsson’s Books, 270, 279 Peck, Gary, 95–96 New York, 61, 71–72, 118, 119–120, Omar, Mullah Mohammad, 250 Peck, Jo Anne, 106–107 167–168, 169–170, 201–202, 220, 221, Omnibus Crime Control and Safe Streets Act Peck, Robert, 7 223, 250–251, 279 of 1968, Title III, 63 Pecore, Elaine D., 142 Ovid, 57 One Flew Over the Cuckoo’s Nest, 55–56 Pedreira, Alicia, 210 Port Washington, 13–14 O’Neil, Robert, 217, 232 Pedro, Brian, 100 Wellesville, 75 O’Neill, Bruce, 259–260 Peeler, C. Lee, 4 Williamsville, 124 One Stop Italian America, 251 Pels, Jon, 218–219 New York City Parks Department, 220 Online News Association, 93, 130 Pemberton, Jeff, 223 New York City Police Department, 169–170, Online Policy Group, 81 PEN American Center, 1, 78, 120, 131, 223 Online Privacy Alliance, 118 181–182 New York Daily News, 61, 270 Opera Colorado, 251 PEN/Barbara Goldsmith Freedom to Write New York Foundation for the Arts, 120 Oppenheim, Matthew, 166 Awards, 181–182 New York Library Association, 126 Optimist (Abilene Christian University), 142 Penn and Teller, 180 New York Times, The, 103, 136, 206 Oregon: Pennell, Stephen, 258 New York Times Company, 20, 103, 160, 206 Hermiston, 60 Pennsylvania: New York Times OnDisc, 103 Portland, 76–77, 110, 200, 219 Bucktown, 146 Nicholls, Kristine, 96 Wilsonville, 36 California, 159–160 Nickelodeon, 9 Organization of African Unity, 175–176 Mechanicsburg, 14, 58 Nickerson, Judge William M., 67 Orion (California State University, Chico), Minersville, 26 Nintendo of America, 169, 220 245 Pennridge, 37 Nix, Garth, 124 Orlando Sentinel, 113 Perkasie, 264–265 Nojeim, Gregory, 218 Orpett, Mitchell A., 67 Philadelphia, 30–31, 98–99 Norcott, Judge J., 68 Orwin, D. Bruce, 65 Pittsburgh, 27, 101, 157, 165–166, Norquist, Grover, 237 Osborne, Tyson, 8 268–269, 278 Norris, Judge Alan E., 66, 170 Osder, Elizabeth, 130 Reading, 16, 77 North American Man/Boy Love Association Oskaloosa Independent,The, 197 State College, 99, 107–108, 166 (NAMBLA), 221 Ottinger, Larry, 56–57 Tamaqua, 54–55, 145 North Carolina: Ouellette, Mike, 37, 75 University Park, 16–17 Asheville, 261 “Our Lady,” 100–101 Upper Chichester, 17 Charlotte, 145 Out, 59–60 York, 59 Raleigh, 163 Outdoor Advertising Association of Pennsylvania Alliance for Democracy, 126 North Hennepin Community College, 265 Connecticut, 122 Pennsylvania School Boards Association, 265 Northwestern Connecticut Community OutKast, 170 Pennsylvania School Press Association, 145 College, 16, 77 Overton, Leta, 223 Pennsylvania State University, 16–17 v51n3.qxd 05/08/2002 4:01 PM Page ind13

Penthouse, 276 Public Citizen, 136, 209–210 Richeson, Marsha, 73 Penzi Kikohozi, 280 Public Justice Institute, 105 Richman, Judge James, 259 People for Community Empowerment, 212 Pusztai, Arpad, 176 Richmond Times-Dispatch, 216 People for the American Way, 56, 126, 218, Putin, Vladimir, 153 Ricochet River, 36 237, 240 Ridge, Tom, 166 People for the American Way Foundation, Q Riedell, Shelly, 58 80–81 Queen, 249 Righteous Babe Records, 250–251 People for the Ethical Treatment of Animals Quest, The, 200 Riley, Cheryl, 95 (PETA), 169, 221, 259 “Questions & Answers on Librarian Speech Riley, Richard W., 107 People’s Daily, 17–18 in the Workplace: An Explanatory Rios, Leilani M., 220 Perelli, Angela, 249 Statement of the ALA Code of Ethics, Rissler, Ronald D., 264 Perez Castillo, Marcia, 204, 222 adopted July 2001,” 234–235 Rivero, Janet, 45 Perkins, Renee, 218–219 Quinn, Richard, 246 Robertazzo, Kathy, 115 Perks of Being a Wallflower, The, 198–199 Robert B. Downs Intellectual Freedom Perry-Gaiter, Grace, 257 R Award, 10 peta.org, 259 Rabbo, Yasser Abed, 253 Roberts, Michael, 181 Peter, Paul and Mary, 249 Radio-Television News Directors Robertson, Pat, 24, 240–241 Peters, Marybeth, 269 Association, 7, 241–242 Rocky Mountain News, 176 Peterson, Bart, 28 Radosh, Ronald, 120–121 Rodgers, Mary, 53, 123 Pettanati, Michele, 75 Rage Against the Machine, 249–250 Rogers, Judge Judith W., 27–28 Phelps, David, 281 Rahman, Ahmed Abdel, 253 Roggensack, Judge Patience D., 259 Phelps, Kristie, 221 Rainville, Jay, 59–60 Rohde, Gregory L., 4 Philbrick, Harry, 61 Rakove, Jack N., 206 Romansky, William, 31 Phillips, Judge J. Stephen, 25, 66, 211 Ramney, Melora, 139 Romero, Anthony D., 143, 237 Phillips, Eura, 277 Rampelli, Fabio, 62 Roper, Grady, 215–216 Phillips, Peter, 135–36, 175–77 Randall, Alice, 160–161, 191 Roper Starch Worldwide, 91 Pickering, Charles W. “Chip,” Jr., 5, 127 Randall’s, 150 Rosen, Hillary, 9, 141 Piechota, Chuck, 196 Rangel, Charles, 281 Rosenbaum, Ron, 55 Pike, Chris, 250 Ransom, Marcia, 277 Rosenkranz, E. Joshua, 231 Pillars of the Earth, The, 96 Rao, Paladugu, 95 Rosenthal, Ilena, 259 Pincus-Roth, Nathaniel, 147 Rasmussen, Maureen, 13 Ross, Deborah, 163 Pinellas Suncoast Transit Authority, 70 Raymond, Bobby, 35 Rotenberg, Marc, 5, 243 Pinkerton, Behave!, 35 “Real Slim Shady, The,” 201, 271 Rowe, Gary, 261 “Pinnochio,” 101 Reardon, Judge Timothy, 69 Rowling, J. K., 11, 15, 43, 75 Pioneer, The (California State University), 94 Recht, Dan, 211 Rubenstein, Steven, 250 Pitofsky, Robert, 141, 168 Recording Industry Association of America Rucker, Caitlin, 147 Plank, Paul, 199–200 (RIAA), 9, 141, 166, 268 Rudenstine, Neil L., 120 Planned Parenthood, 110 “Red, White, and Black,” 124 Rudinger, Jennifer, 213 Playboy Foundation, 180 “Red Alert 2,” 253 Rugai, Ginger, 33 Pleasant Cove Assisted Living Facility, 261 Redbook, 17 Rugg, Edwin A., 200 Plotnik, Rod, 60 Redden, Joe, 146 Rumpus (Yale University), 147–148 Polelle, Michael, 260 Reed, Moncella, 277 Rumsfeld, Donald, 241 Poliak, Daniel, 113 Reed College, 200 Rupe, Carol, 44 Politan, Judge Nicholas, 273 Reed Elsevier, Inc., 206 Rupp, Sharon, 113–114 “Politically Incorrect,” 250 Reese, Margie, 203 Rushdie, Salman, 62 Pollock, Jeffery, 6 Regent University, 24–25 Rushkoff, Douglas, 122 Pollock Jeffrey, 139 Rehnquist, Justice William, 155–156, 205, Ruskin, Gary, 91 Posner, Judge Richard A., 111–112, 191, 231–232, 255, 266 Russell, Charla, 148 257–258 Reilly, Thomas, 68, 208 Russell, John, 117 Potomac News, 216 Reinstein, John, 221 Russell, Richard Lee, 109 Powell, Adam Clayton, III, 93 Reiss, Joe, 54 Russia: Powell, Thomas, 59 R.E.M., 249 Moscow, 152–153 Poynter Institute, 253 Rembar, Charles, 8 Rutherford Institute, 179, 237, 264 Presley, Elvis, 267 Reporters Committee for Freedom of the Rutledge, Judy, 56 Pretenders, 249 Press, 7, 34, 104, 270 Rwanda, 175–176 Prezioso, Janine, 154 Reporters Sans Frontieres, 253–254, 280 Price, John, 211, 258 “Resolution on Opposition to Federally S Princeton University, 165–166 Mandated Internet Filtering,” 47, 78 Saber, Hoda, 102 Privacy Coalition, 82–83 Revolution Studios, 100 “Sabotage,” 249 Privacy Foundation, 83 Reyburn, Sara, 60 Sacramento Convention & Visitors Bureau, Privacy International, 83 Rhode Island, 154 177 “Privacy Pledge, The,” 82–83 Coventry, 14 Sacramento Independent Press, 15 Privacy Rights Clearinghouse, 83 Johnston, 14–15 Sadler, Judge Alan, 179 Privacy Times, 83 Providence, 99–100, 174 Sahabi, Ezatollah, 102 Prognosis Negative, 251 Provincetown, 222 Saini, Jasprett K., 248 Progressive, 136 Rhodes, Richard, 1 St. John, Christopher, 136 Project Censored, 135–36, 175–77 Rice University, 166 St. John’s Northwestern Military Academy, Project MayHem (William Penn High Richards, Stephanie, 252 259–260 School), 59 Richardson, G. “Ram,” 35 Saint Mary’s University, 59–60 PSINet, Inc., 276 Richardson, Rev. Jan, 213 St. Petersburg Times, 279 v51n3.qxd 05/08/2002 4:01 PM Page ind14

Salih, Muhammed, 181 Sheehan, Archbishop Michael, 100, 175 South Central Library System (Wisconsin), Salinger, J. D., 76, 278 Sheketoff, Emily, 41 127 Salon.com, 142 Shepard, Charles N., 212 Southerner, The (Great Neck High School), Sanders, Dave, 169 Shepherd, Lisa, 21 58, 59 Sanderson, Debby, 149 Sheppard, William J., 23 Southern Poverty Law Center, 150 Saneii, Ayatollah Hussan, 62 Shiva, Vandana, 135 South Florida Council, 70 Santa Cruz Public Library Joint Powers Shivers, Kevin, 166 South Florida Sun Sentinel, 113 Authority, 127 Shooting the Messenger, 1 South Korea, 203 Santiago, Esmeralda, 55 “Shoot to Thrill,” 249 Souza, John, 251, 252 Santorum, Rick, 5 Shorr, Martin, 109–110 Spano, Michael, 140, 154 Sarrain, Alberto, 131 Shue, Larry, 13 Sparks, Linda, 12 Satanic Verses, The, 62 Sicari, Salvatore, 221 Spatz, Ronald, 124 Satlow, Barry, 97 Siebel, Judge Richard A., 260 “Spider-Man 2—Enter: Electro,” 252 Saxe, David Warren, 107–108 Sieg, Julie, 54, 123, 246 Spillman, Karen, 216 Sbrocco, Julie, 96, 173 Siegelman, Don, 11, 266 Springsteen, Bruce, 101 Scales, Pat, 193 Siems, Larry, 120 Square Soft, Inc., 220 Scalia, Justice Antonin, 22, 63, 155–156, Silicon Investor, 119 Srinivasan, Srinija, 4 205, 207, 231, 232, 255 Silicon Valley, California, 176–177 Star, The, 147 Scarfo, Nicodermo, Jr., 273 Silverman, Danny, 247–248 Stark, Michael, 249 Scary Stories, 44 Silway, Curtis, 119 Starkey, Chris K., 107 Schenkkan, Robert, 252 Simon, Ray, 123 State Press (Arizona State University), Scherrer, Debbie, 54 Simon Wiesenthal Center, 117 97–98 Scheuerman, William E., 165 Sims, Charles, 167–168 State University of New York (SUNY) sys- Schill, Michael H., 71 Simulizi Kutoka Chumbani, 280 tem, 164–165 Schily, Otto, 275 Sina.com, 18 Staver, Matthew, 23, 31, 70, 106–107, Schindler, Friedemann, 262 Singleton, Judge James K., 213 116–17, 263–264 Schindler’s List, 173–174 SIRS Mandarin, Inc., 182 Stearns, Linda, 151 Schlessinger, Laura, 54 SIRS MLA/MEMA/SIRS Intellectual Steele, Andrew, 278 Schmidt, C. James, 4, 73, 182–183 Freedom Award, 182 Steele, Rick, 247 Schoelles, Tizzy, 54 Skate Zone, 276 Steger, Don, 145 Schoenberg, Jeffrey M., 140 Sklar, Rita, 116 Steinbeck, John, 43, 76, 198, 223 SchoolRumors.com, 92–93 Sklyrov, Dmitry, 267–268 Steiner, Mike, 70 Schrader, William L., 4 Slaughterhouse Five, 14 Steinhardt, Barry, 52, 68 Schrecker, Ellen, 207 Slayer (band), 121 Sterling, Karen, 37 Schroeder, Pat, 45 Slepian, Dr. Barnett, 110 Sterling, Madonna, 26 Schultz, Steven, 166 Smith, Claire, 14, 58 Stevens, Justice John Paul, 22, 155–156, Schumer, Charles E., 110 Smith, Harold, 124 205–206, 231–232 Schwartz, Alvin, 44 Smith, RaeLeann, 169 Stevenson, David, 147 Scott, Bobby, 218 Smith, Sabine, 201 Stoffer, Jonathan, 193 Scott, Gerald, 177 Smith, Sheamus, 38 Stohr, Kathy, 96 Scott, Willie, 35 Smith, Winthrop S., Jr., 122 Stokes, Jack, 253 Seals, Louise, 216 Smithee, John, 118 Stone, Kathleen, 11 Secret Service, 147–148 Smolla, Rodney A., 167–168 Stone, Oliver, 110–111, 190 Secure Digital Music Initiative (SDMI), 166, Snyder, Valerie, 263 Stones from the River, 76 268 Sobel, Carol, 212 Stop Huntingdon Animal Cruelty, 268–269 Seeborg, Judge Richard, 268 Sobel, David, 108–109, 154, 273 Storace, Francesco, 62 Sega of America, 169 Social Security Administration, 275 Stout, Mandy, 194 Seigenthaler, John, 180 Society for Scientific Study of Sexuality Stover, Katherine, 17 Sekulow, Jay, 205 (SSSS), 256 Strazza, Bill, 269 “Sensation” exhibit, 61 Society of Professional Journalists, 7, 80, $treet, The, 17 Senseman, Brenda, 35 182–183, 216, 270–271 Strege, Karen, 124 Sepulveda, Judge Patricia K., 69, 105 Solomon, John, 269–270 Strick, Joseph, 38 “700 Club,” 240 Solove, Daniel, 274 Strothman, Wendy, 160 75 Ark, 253 Song of Solomon, 199–200 Student Press Law Center, 58–59, 65, 92, Sevodnya, 153 Sons of Confederate Veterans, 20, 67–68 99, 148–149, 193, 196, 200, 242 Sexual Health Network (TSHN), 256 Sony Computer Entertainment, 169, 220 “Student Survival Kit,” 264 Shabaz, Judge John C., 112–113 Sony Pictures, 100, 141 Stuff, 59–60 Shade’s Children, 124 “Sopranos, The,” 177–178, 251, 260 Styron, William, 146 Shah, Dhavan, 5–6 Soto, Melissa, 12 “Subdivision,” 250 Shakespeare, William, 153 Sotomayor, Judge Sonia, 20 Sugar Ray, 249 Shanghai Daily, The, 203 Sound of Waves, The, 55 Sukarnoputri, Megawati, 254 Shapiro, Larry, 4 Souter, Justice David H., 22, 103–104, 205, Sula, 36 Shapiro, Michael, 110 231, 232 Su Lifen, 151 Shapiro, Steven, 155 South Africa: Sullivan, Judge Emmet G., 257 Sharp, Randy, 150–151 Cape Town, 153–154 Sullivan, Kathleen M., 167 Sharpe, Jon, 277 South Carolina, 154 Sullivan, Susan Classen, 77 Shays, Christopher, 218 Charleston, 60, 246 Sun Microsystems, 118 Shea, Suzanne, 213–214 Greenville, 197 Supreme Court, see U.S. Supreme Court; Sheahan, Michael, 161 Pickens, 199 U.S. Supreme Court decisions Sheehan, Bill, 217 Summerville, 246–247 SurfControl, 227 v51n3.qxd 05/08/2002 4:01 PM Page ind15

SurfWatch, 81 This Is Our Youth, 55 U.N. Genocide Convention, 175 Susquehanna Broadcasting, 272 “This Little Piggy Went to Market,” 16 U.S. Army, 139 Sussman, Richard, 13–14 Thomas, Justice Clarence, 156, 205–207, Defense Information Systems Network Svihlik, Susan, 216 231–232, 255–257 Router Program, 139 Swafford, Micah, 5 Thomas, Pamela, 246 U.S. Attorney’s Office for the Southern Sweeney, Jim, 15 Thomas Jefferson Center for the Protection District of Florida, 91 Sykes, Charles J., 51–52 of Free Expression, 7, 64, 217, 232 U.S. Chamber of Commerce, 157 Sylvester, Stephen, 159 Muzzle Awards, 143–144, 177–180 U.S. Congress, 9, 122, 143, 195, 243–244, Synthesis, 245 Thompson, Greg, 97 281 Thompson, Keith, 99 House of Representatives, 80, 218 T Thorobred, The (Kentucky State University), Judiciary Committee, 272–273 Tafrani Chachandu, 280 65–66, 98 Subcommittee on Telecommunications Takasugi, Judge Robert, 212 Thugs Are Us, 218–219 and the Internet, 137 Talbert, Karen, 4 Thurman, Mark Cecil, 91 Senate, 80 Talk magazine, 96, 173 Time, Inc., 20 Judiciary Committee, 173, 272–273 Tallman, Richard C., 212 Times of London, 18 Select Committee on Intelligence, 272 Tanzania: Time Warner Entertainment, 110–111, 141, U.S. Department of Commerce, 83 Dar Es-Salaam, 280 190–191 U.S. Department of Defense, 91, 241 Tanzania Union of Journalists (TUJ), 280 see also AOL Time Warner U.S. Drug Enforcement Administration Tarnow, Judge Arthur, 208–209 Titan Wheel International, Inc., 135–136 (DEA), 66 Tashima, Judge A. Wallace, 212 TNT Television, 153 U.S. Justice Department, 67, 155, 167, 267, Tasini, Jonathan, 20, 103, 206–207 Toben, Frederick, 118 269–270, 272–273, 275, 279 Tattered Cover Book Store, 25, 45, 66, 193, To Kill a Mockingbird, 277 U.S. Public Interest Research Group (PIRG), 211, 279 Tolerance.org, 150 83 Taubel, Scott, 259–260 “Tomcats,” 100 U.S. State Department, 101, 245–246, 250 Taylor, Bruce, 217 “Tom Clancy’s Rogue Spear: Black Thorn,” U.S. Supreme Court, 19–23, 63–64, Taylor, George, 145 252 103–105, 155–157, 255–257 Taylor, Mildred D., 97, 174 Toole, John Kennedy, 146 U.S. Supreme Court decisions, 205–208, Taylor, Pam, 249–250 Torricelli, Robert, 269–270, 279 231–232 Taylor, Rich, 168, 249–250, 267 Torries, Frank, 177, 276 Bartnicki v. Vopper, 155, 231–232 TDI Worldwide, 201 Toungate, Zacharia, 265 City of Erie v. Pap’s A.M., 104 Tech Law Journal, 92 Trachtenberg, Betty, 147 Cook v. Gralike, 232 Tehran Times, 101 Transportation Alternatives, 220 Department of Interior v. Klamath Water Telage, Don, 3–4, 138 Traynor, Michael, 34 Users Protective Association, 103–104 Teleglobe, 138–139 Treffinger, James, 177–178 Elkhart v. Books, 156 Ten Commandments, 70–71, 115, 156–157, Tribe, Laurence H., 103 Federal Election Commission v. Colorado 265–266 Trick Daddy, 218–219 Republican Federal Campaign “Ten Most Challenged Books of 2000,” Tristani, Gloria, 271 Committee, 231 43–44 Tropolitan (Troy State University), 142 Glickman v. Wileman Brothers Elliott, 208 Tennessee: Trouw, 136 Good News Club v. Milford Central Crossville, 195 True, J. Guthrie, 65, 98 School, 205–206, 231 Memphis, 267 Trujillo, Kenneth, 126 Los Angeles v. Alameda Books, 104 “Ten Reasons Why Reparations for Slavery Is Tucker, Mindy, 270 Lorillard Tobacco Co. v. Reilly, 207–208, a Bad Idea—and Racist Too,” 94, 98, 99 “Tuna Christmas, A,” 57 232 Terrorist, The, 35, 44 Turkey, 175 Mitchell v. Helms, 255 Tervizian, Judge Dickran, Jr., 212 Istanbul, 38 New York Times Company v. Jonathan Tetreau, David, 11 Turner, Ted, 153 Tasini, 103, 206–207 Texas: Twain, Mark, 57 United States v. United Foods, 208, 232 Abilene, 161–162 Twelve Wild Swans, 277 United States v. Vopper, 155 Alief, 265 20th Century Fox, 9 United University Professions, 165 Arlington, 36, 273–274 2600, 167 Universal, 141 Austin, 118 2600.com, 267 University Microfilms International, 20 Beaumont, 199 2TheMart.com, 119, 161 University of Alaska, 124 Dripping Springs, 174 University of California at Berkeley, 94, 98, Houston, 270–271 U 99, 142, 248 LaPorte, 247 Ubi Soft Entertainment, 252–253 University of California at Santa Barbara, Mansfield, 223 Ulmer, Pat, 278 158 Montgomery County, 179 Ulysses, 38 University of Charleston, 60 Portland, 21 Underdog, The (Mechanicsburg High University of Illinois, 158–159 San Antonio, 162 School), 14, 58 Graduate School of Library and Santa Fe, 15, 36 Underwood, Barbara, 156 Information Science, 10 Wichita Falls, 31, 73–74 Underwood, Cecil, 216 Urbana-Champaign, 80 Wimberly, 215–216 Underwood, Julie, 92 University of Wisconsin system, 258–259 Texas Civil Rights Project, 215–216 Underwood, Ron, 281 UPN television, 221 Texas Department of Public Safety, 21 Union of French Jewish Students, 52 Uroda kwa Foleni, 280 Texas Department of Transportation, 161–162 Union of Jewish Students, 34 Urofsky, Melvin, 64 Texas Municipal League, 273 United Automobile, Aerospace and USA Today, 241 Thielen, David, 97 Agricultural Implement Workers of Utah: Things They Carried, The, 37 America, 83 Kanab, 261–262 Third Blind Eye, 249 U.N. 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V WAXO-FM, 249 Wooten, Elaine, 54 “Vagina Monologues, The,” 122 Wayman, Marcus, 26 World Bank, 135 Vaissiere, Sharon, 247 We All Fall Down, 54–55, 145 World Church of the Creator, 115 Valenti, Jack, 8–9, 143, 168 Weaver, Janet, 11, 75 World Wrestling Foundation (WWF), 221 Vallone, Peter, 220 Weaver, Mark, 277 Wrenn, Greg, 18, 68 van deer Merit, Stephen, 147 Weber, Gerry, 169 Wrinn, Joe, 120 Varley, Robert, 266 Websense, Inc., Enterprise software, 139 Wu, David, 281 Vasvari, Raymond, 217, 264 Websitecity.com, 113 Wuerch, George, 192, 213 Vatican, 149 Weichert, Susan, 106 “WWF Smackdown!” series, 221 Vendegnia, George, 251 Wei Manzeng, 17 Verance Corporation, 166 Weingarten, Rick, 269 Y Vermont, 191–192 Weinshall, Iris, 201–202 Yahoo!, 18, 34, 52, 68, 73, 108–109, 117, Vetter, Mark, 116 Weinstock, Adam, 222 129, 150, 192, 209 “Violence in the Media: A Joint Statement,” Weller, Barbara J., 214 Yale Herald, 148 31–32, 39, 78–79 Wemark, Amy, 146 Yale University, 147–148, 256–257 Virginia, 255–256 Westchester Library System (New York), Yang, Henry T., 158 Charlottesville, 275–276 127 Yates, David, 98–99 Chesterfield County, 197–198 Weston Jesuit School of Theology, 149 Yocum, Jack, 63 Fairfax County, 96–97 West v. Derby Unified School District No. “Yo Mama’s Last Supper,” 61, 119–120 Henrico County, 178–179 260, 23 York, Judge Louis B., 72 Loudoun County, 144 West Virginia: Young, Dean, 266 Lynchburg, 37 Charleston, 216 Younus, Shaikh Mohammed, 254, 280 Prince William County, 216 Glenville, 59 “Your Revolution,” 219 Richmond, 24–25, 166–167 West Virginia Education Association, 216 Yousaf, Jamil, 280 Roanoke, 67–68 West Virginia Federation of Teachers, 216 Yungmann-Barkalow, Janet, 54 Sandston, 97, 174 Wettick, Judge R. Stanton, Jr., 27 Virginia College Building Authority, 24 Wheaton, James, 180 Z Virginia Military Institute, 166–167 Wheeler, Norman, 58–59 Zangari, Mark, 37, 75 Vogel, Cassie, 252 When I Was Puerto Rican, 55 Zboril, Zdenek, 152 Vogue, 17 “When You’re Falling,” 249 Zeid-Abadi, Ahmad, 102 Voice of America, 250 Where the Heart Is, 54–55, 145 Zennie, Nancy, 180 Vollor, Frank, 157 White, Brent, 276 Zero Tolerance Nightmare Web site, 196 Volokh, Eugene, 154, 231, 274 Whitehead, John, 179 Zhang Qiyue, 203 Vonnegut, Kurt, 14 Whitmer, Tim, 33 Zilly, Judge Thomas, 161 Vopper, Frederick, 155 “Who Killed Sue Snow?”, 60–61 Zilviptis, Jim, 16 Vradenburg, George, III, 4 “Why Filtering Is Unconstitutional: An Zitko, Michal, 62 Vullo, Maria, 110 Update on ALA’s Challenge to CIPA,” Zittrain, Jonathan, 18, 269 185, 224–230 Zungu, 280 W Wiener, Gerry, 55 Wagdy, Karima, 35 Wiggins, Robert, 54, 123 Wagner, Nancy, 140 Wiley, Rob, 273 Walczak, Witold “Vic,” 27, 157, 278 Will, Judge Joseph, 113 Walker, Alice, 14, 58, 145–146 Willand, Jon, 265 Wallace, Joe, 21 Williams, Anniesse, 115 Wall Street Journal, 118 Williams, Brenda, 216 Wal-Mart, 151 Williams, James, 31 Walsh, Joe, 101 Williams, Dr. James A., 180 Walsh, Kathy, 98 Williams, Jerilyn, 179 Wang Changhaui, 17 Williams, Jim, 56–57 Ware, Paula, 197 Willis, Kent, 24, 198 Wariner, Keith, 11 Wilmarth, Arthur E., Jr., 164 Warner Brothers, 9 Wilson, Deloris, 131 Washington: Wilson, Pete, 158 Kirkland, 217 Wilson, Randall, 33 Pasco, 113–114 Wind Done Gone, The, 160–161, 191 Seattle, 118–119, 161, 199–200 Winters, Lisa, 201 Washington, Judge Craig M., 31 Wisconsin: Washington, D.C., 27–28, 164, 168–169, Delafield, 116–117 218, 245–246, 250, 257, 259, 269–270, Madison, 112–113 272–275 Waukesha, 21, 259–260 Washington Coalition Against Censorship, Wisconsin Library Association, 127 200 Wittig, Larry, 55, 145 Washington Post, 136, 147, 153, 270 WJLA-TV, 250 Washington Post Company, 206 WLOS-TV, 261 Wasow, Omar, 93 Wolf, Jerry, 66 Waspe, Tom, 153–154 Women’s Health Boutique, 37 Watney, Chris, 270–271 Wood, Bill, 145 Watson, Harriet, 200 Wood, Gordon S., 206 Watternberg, Betty, 75 Wood, Judge Harlington, Jr., 160 Waxman, Seth, 63 Wooster, Judy, 37, 75 v51n3.qxd 05/08/2002 4:01 PM Page 119

were also asked to classify as sensitive and make exempt mation Law in New York State allows officials to censor some information related to systems, structures, individuals and information if releasing it would endanger people’s lives or services essential to the security, government or economy of compromise criminal investigations. The administration’s new the state.” He directed agency heads to remove things like directive to block the release of what it deems sensitive infor- data about electrical power, gas and oil storage, transporta- mation to people who file requests under the law could easily tion, banking and finance, water supply, emergency services be justified under those rules, he said. “All they are saying is and the continuity of government operations. be careful, be wise,” Freeman said. “All the memo says is The state’s new policy guidelines to restrict information and comply with the law.” Fullington said such requests would be tighten security are occurring in lock step with the national determined in the future on a “case-by-case basis.” debate over how to balance the need for safety and the public’s Kallstrom’s directive also ordered agency heads to right to information. While acknowledging the need for pro- review requests made under the state’s Freedom of tections against terrorism, Donna Lieberman, executive direc- Information Law over the last year to determine if anyone tor of the New York Civil Liberties Union, said the Pataki had requested information that might be useful to terrorists. administration’s new policy “raises serious concerns about the The purpose, he said, was to find leads for investigators try- future of open government” and would allow, in the worst case, ing to thwart terrorist plots. the government to become “a series of secret operations.” “We are concerned that terrorism—a very serious issue— Federal officials have removed information, like the doesn’t get used to take away information from the public,” operational status of nuclear plants and certain maps of the said Rachel Leon, a lobbyist for Common Cause. “You have nation’s infrastructure, that was once at the fingertips of any- to have a balance between security and the public’s right to one with a computer. The Environmental Protection Agency, information. We have to make sure the government doesn’t for example, has blocked access to the toxic-release inven- overstep.” tory, a listing of all factories and other sources that emit poi- Kallstrom said his directives are not intended to keep the sonous pollution, and has taken information about dangerous public in the dark on policy matters. He said the diameter pesticides off its site, environmentalists said. and location of a suspension bridge’s cables and fasteners, Some other states also have taken action to limit the free for instance, should not be made public. Neither should flow of information. Florida, for instance, has stopped posting details be available about the fencing and gates around records of drivers’ licenses on the state Web sites. In New York, nuclear plants or the access roads leading to water reservoirs. the Public Service Commission stopped posting the locations One example of the new policy is that fuel delivery of power plants, including nuclear reactors. The state’s Energy schedules and the locations of fuel storage tanks used by Department erased a detailed map of power lines and substa- state agencies are no longer posted on the Web, aides to tions from its site. Directions to stockpiles of water pumps and Pataki said. Nor are many details about the state’s National generators used by the state’s Emergency Management Office Guard posts and units available. The memorandum also during floods or other disasters are gone from the Internet. So directs agencies to set up security systems using passwords are the locations of wastewater treatment plants, floor maps of and other devices to protect the information they deem sen- state buildings and some mapping databases used to analyze sitive. Kallstrom has also led an effort to improve defenses everything from demographics to infrastructure. against computer hackers, offering agencies help in con- A representative of Governor Pataki said the administra- structing stronger fire walls against intruders. tion was still writing more concrete guidelines on what infor- As a practical matter, winnowing the information avail- mation would be classified and no longer available. “It’s a able on the Internet will force more people to request docu- work in progress,” said Mollie Fullington, the spokeswoman. ments under the Freedom of Information Law, state officials “We are putting together a team to review these very issues.” said. Since the law requires a written request, a paper trail Some advocates of open government contended that would be created for any release of information, making it New York’s new rules were too broad and could cover infor- easier for law enforcement officials to find out who had mation—like the locations of chemical factories that emit sought the documents. toxic pollution—that fuels debates at the core of modern New York’s open-records law does not require public democracy. “No one would argue that the Pataki adminis- information to be posted on the Internet, though some bills tration has been transparent,” said Blair Horner, the chief have been circulating in the State Legislature that would do lobbyist for the New York Public Interest Research Group. just that. Other laws require that campaign contributions, “I think there is a real danger that this directive could be payments to lobbyists and information about doctors be pub- used to further block from public view information the pub- lished on the Internet. lic should have access to. The decision on what should be Experts on Internet security say the state’s crackdown on on the Internet or not on the Internet should be a public dis- information may not be immediately effective. Once some- cussion, not a private edict.” thing has been published on the Web, it is hard to control Robert J. Freeman, executive director of the State Com- who copies it or where those copies end up. Some search mittee on Open Government, said the Freedom of Infor- engines save information from old Web sites, for instance, so

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a terrorist might still be able to find a map of New York’s tions against Yahoo!—including $13,000 a day in fines— power grid. cannot be enforced in the United States. The two groups that “It’s a bit of a horse out of the barn,” Kallstrom acknowl- sued the company in France, the International League edged. “But you have to start somewhere. We don’t want to Against Racism and Anti-Semitism (known as Licra) and the unnecessarily and stupidly aid people who want to kill us.” Union of French Jewish Students, are appealing the federal Reported in: New York Times, February 26. judge’s decision in the United States Court of Appeals for the Ninth Circuit, in San Francisco. Regardless of the appeal’s outcome, nations seeking to control potentially harmful speech that arrives from off- etc. shore are seen as almost certain to use the French precedent to bolster their efforts. “They will not be tempted to do it— Penryn, Pennsylvania they will do it,” said Jack Goldsmith, a professor at the The Penryn police department refused to direct traffic at University of Chicago Law School who frequently writes a YMCA triathlon because it said the club promotes witch- about Internet legal matters and is the author of a coming craft by reading Harry Potter books to children. Penryn Fire book, Reining in the Net, about how countries are putting Police Capt. Robert Fichthorn said the eight-member force borders in cyberspace. voted unanimously to boycott the twentieth running of the That is what frightens Alan Davidson, a lawyer with the triathlon, scheduled for September 7. “I don’t feel right tak- Center for Democracy and Technology, an Internet civil lib- ing our children’s minds and teaching them (witchcraft),” erties group in Washington. The French Yahoo! ruling Fichthorn said. “As long as we don’t stand up, it won’t stop. “really puts free expression and communication in jeopardy It’s unfortunate that this is the way it has to be.” The on the Net,” Davidson said, warning that online speech could Lancaster Family YMCA began reading chapters of the sink to a single country’s lowest-common-denominator stan- Harry Potter books to children enrolled in an after-school dard. Other legal thinkers, too, are beginning to consider the program in November. global implications of the Yahoo! case with respect to hate In a letter to the township and the YMCA, Fichthorn and terrorist speech on the Internet. challenged the religious integrity of the YMCA, and ques- The case came to public attention in May 2000, when tioned whether it was “serving the will of God” in using the Judge Jean-Jacques Gomez of the County Court of Paris books. The YMCA’s executive director, Michael Carr, said ordered in a preliminary decision that Yahoo! take action to he was disappointed by the department’s decision, but didn’t “render impossible” the ability of French Internet users to expect it to stop about six hundred triathletes from partici- gain access to the Nazi-related auctions found on Yahoo!’s pating in the race. Township Supervisor Ronald Krause said English-language auction pages. In reaching his decision, the YMCA may have to hire police from another community the judge asserted that he had jurisdiction over Yahoo!, even to direct traffic for the race. Reported in: Associated Press, though it is based in the United States, because the content January 24. on Yahoo!’s computers in the United States was available to French users. The court also said Yahoo!’s display of the material in France had violated a section of France’s crimi- nal code, which reflects still raw memories of World War II. foreign In a later ruling, in November 2000, Judge Gomez con- Paris, France cluded that available technology would allow Yahoo! to take Since September 11, nations that have strong laws and tra- reasonable steps to identify and block the disputed material ditions against hate speech are apparently growing even more from French eyes—thus allowing American users, for exam- alarmed about inflammatory expression they fear could lead ple, to continue to view the content. Unconvinced by Yahoo!’s to racial or religious violence. That worries some civil liber- arguments that such technology was deeply flawed, the judge tarians in the United States, who point to a French court deci- said the company would be subject to a fine of about $13,000 sion they believe handed governments and groups a blueprint for each day it did not comply with his earlier order. for how to censor online hate speech that may be illegal Yahoo! announced later that it would more aggressively within one country’s borders but perfectly lawful elsewhere. enforce its ban on hateful and racist material from its auction A little more than a year ago, the judge in the French sites, but said the move was not in response to the French case, Licra v. Yahoo! shook the mahogany desks of lawyers legal proceedings. around the world when he reaffirmed an earlier ruling that American civil libertarians applauded when Judge Jeremy Yahoo!, based in Santa Clara, California, had violated Fogel of the U.S. District Court in San Jose, California, ruled French law by allowing French citizens to view auction sites that the French court’s order and fine would not be enforced displaying Nazi memorabilia. The case has jumped the against Yahoo! in the United States. The judge said it would Atlantic and is making its way through the courts in the be repugnant to the First Amendment for an American court United States, where a federal judge ruled that French sanc- to carry out the French order. The United States Constitution,

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he said, protects the display of artifacts or expression of speech traditions. “That,” said Goldsmith at the University of viewpoints associated with extreme political views, includ- Chicago, “is the essence of territorial sovereignty.” Reported ing Nazism and anti-Semitism. in: New York Times, February 11. But some legal observers question whether Judge Fogel’s ruling, if upheld on appeal, is the shield that some New Delhi, India large American Internet service providers say it is. After The novelist Arundhati Roy was released from jail all, they argue, even if an American court will not enforce March 7 after serving what the Indian Supreme Court called a foreign judgment that runs afoul of the Constitution’s a symbolic one-day sentence for contempt. She paid a $42 free-speech guarantees, the foreign court has other lever- fine rather than spend three more months in jail, saying she age. If a case involves a multinational company with assets did not want to make herself “a martyr for a cause that is not abroad, the foreign court could lay claim to the company’s mine alone.” Prominent editors and journalists said the funds, receivables or property within its jurisdiction. In court’s action would chill free expression, particularly criti- addition, if the company’s executives traveled to the for- cism of the court. Roy, a leading opponent of a huge dam eign locale, the local judge could perhaps have them project in central India, was convicted after saying the court arrested. had tried to silence criticism of its approval of the project. On the other hand, private individuals and companies Roy won the Booker Prize in 1997 for her novel The God with no foreign assets would presumably have less to worry of Small Things. She has written articles criticizing India’s about from a foreign court’s order. Indeed, Yahoo! has said nuclear program and is a prominent campaigner against the it has no seizable assets in France—although some legal Narmada River dam, the nation’s biggest hydroelectric proj- experts have suggested that money owed Yahoo! by its ect, in central India. Her Booker Prize winnings—about French-language affiliate, Yahoo! France, could be at risk. $30,000—have gone to the campaign against the dam. Given the potential leverage of a Yahoo!-style case on In October 2000, she joined protesters outside the multinational Internet companies, experts say that Judge Supreme Court after it approved construction of the dam. Gomez has created a powerful tool for the suppression of Opposing attorneys in the case accused her and a fellow pro- online speech that a recipient nation finds offensive or dan- tester of trying to incite other demonstrators to attack them. gerous. Some Western democracies, in fact, are showing a When the court began considering those accusations, she heightened sensitivity to hate speech lately. asserted in an affidavit that its scrutiny created “a disturbing In January, a tribunal in Ottawa declared that a impression that there is an inclination on the part of the court Holocaust-denial Web site based in California and controlled to silence criticism and muzzle dissent.” by a one-time Canadian resident ran afoul of the Canadian Although the lawyers’ charges of incitement were dis- Human Rights Act. “The tribunal acknowledged the ability missed, the Supreme Court ruled that the comments in her to enforce its judgment was severely limited,” said Michael affidavit amounted to contempt. A two-judge panel found Geist, a professor at the University of Ottawa’s Faculty of her guilty of “scandalizing” the court and “lowering its dig- Law who is an expert in Internet law. “But it wanted to make nity through her statements,” saying freedom of speech did clear that this form of hate speech was illegal in Canada and not grant a license to do that. Roy had faced six months in not to be tolerated.” prison for contempt. The court said that in sentencing her to More significant, perhaps, the 43-nation Council of one day, it was “showing magnanimity of law by keeping in Europe plans later this year to propose a side agreement to a mind that the respondent is a woman.” pending international cybercrime treaty. The side agreement The police detained about 200 protesters at the Supreme would make computer distribution of racist and xenophobic Court building during Roy’s hearing, saying they would be propaganda a crime. released later. Many were Narmada Valley residents whose The United States, which has signed though not yet ratified homes will be engulfed when the dam is built. Opponents of the general cybercrime treaty, blocked attempts to include the the project say it will harm small farmers and displace tens of category of Internet hate speech in the treaty itself. But the fact thousands of villagers. that nations are still discussing a ban on online hate speech Roy’s lawyer, Prashant Bhushan, said she would chal- suggests that other cases against inflammatory terrorist or hate lenge the conviction, calling it a “setback to the freedom of speech on the Internet could land on court dockets soon, the common citizen to discuss matters of enormous public warned Barry Steinhardt, associate director of the American significance.” Reported in: New York Times, March 7, 8. Civil Liberties Union. “I think it can and will happen, espe- cially against multinational corporations,” he said. But not all legal experts in this country agree that a slew of Istanbul, Turkey Yahoo!-type cases would be bad thing. Some argue that coun- The owner of a small Turkish publishing house that tries can choose for themselves what is lawful within their brought out a book by the linguist Noam Chomsky was own cyberborders—that just because the world is becoming acquitted of charges that the book violated the country’s networked, all nations need not adhere to American free- (continued on page 138)

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The American Council on Education and the National School Boards Association had filed a Supreme Court brief in support of the Owasso school district. The brief argued that if peer grading were deemed a violation of FERPA, “teachers throughout the nation would be required to aban- don time-tested instructional methods,” such as posting exemplary papers or assignments in the classroom, and hav- ing students exchange and assess written work that had already been graded by the instructor. “It’s a very welcome decision,” said Sheldon E. Steinbach, vice president and general counsel at the American Council on Education. The Bush administration also had backed the school district; the U.S. Education Department is responsible for enforcing FERPA. Jim Bradshaw, a department spokesman, said department officials were pleased with the ruling in Owasso Independent School District v. Falvo and would “work as quickly as we can” to write clarifying regulations. Colleges are eyeing with even greater interest another case involving FERPA that was to be heard by the Supreme Court in April. In Gonzaga University v. Doe, the court will decide whether an individual can sue a college for violating FERPA. Reported in: Chronicle of Higher Education online, February 20. The U.S. Supreme Court on April 1 let stand a 2001 rul- ing that allowed an adjunct faculty member to sue adminis- U.S. Supreme Court trators at a community college over his free-speech rights. The U.S. Supreme Court ruled February 19 that a federal Kenneth E. Hardy had sued Jefferson Community College, privacy law governing educational records does not prohibit in Kentucky, when it failed to renew his contract because he teachers from asking students to grade one another’s work. had used offensive words in a classroom discussion. The 9-0 decision ended a challenge filed by an Oklahoma The college declined to renew Hardy’s contract when, in mother who had argued that so-called peer grading violates 1998, he encouraged class members to use slurs against the Family Educational Rights and Privacy Act because the members of minority groups—including women, blacks, and grades are disclosed without parental consent. homosexuals—during a discussion about offensive commu- The language that Congress used in establishing FERPA nication. The college acted after a local civil-rights leader “implies that education records are institutional records kept complained to the institution’s officials. In 1999, Hardy sued by a single central custodian, such as a registrar, not individ- the college and two administrators—Richard Green, then ual assignments handled by many student graders,” Justice president, and Mary Pamela Besser, a dean—claiming that Anthony M. Kennedy wrote for himself and seven col- his dismissal violated his First Amendment right to free leagues. Justice Antonin Scalia filed a concurring opinion, in speech. A federal district court dismissed all of Hardy’s which he agreed that FERPA did not apply to student graders claims against the college on the ground that, as a state insti- but said that it might apply to marks maintained by teachers. tution, it is immune to such lawsuits. The court, however, Justice Kennedy noted that FERPA requires schools and also rejected Green’s and Besser’s argument that they had colleges that receive federal funds to provide parents with a legal protection against being sued as individuals. hearing at which they could contest the accuracy of their The case was appealed and, in 2001, a three-judge panel of child’s educational records. “It is doubtful Congress would the U.S. Court of Appeals for the Sixth Circuit unanimously have provided parents with this elaborate procedural affirmed the district court’s denial of the immunity defense to machinery to challenge the accuracy of the grade on every Green and Besser. Jefferson Community College appealed to spelling test and art project the child completes,” he wrote. the Supreme Court, which declined to hear the case. Krisja Falvo, a mother of three, had filed the lawsuit Hardy, currently a visiting instructor at the University of against the Owasso, Oklahoma, school district after her Louisville, responded with a “wow” when he learned of the learning-disabled son was ridiculed as a “dummy” when his justices’ ruling. “I think they made the right decision,” he poor grades were read aloud to sixth-grade classmates. A said. “This issue has been decided, and it leaves academic federal district court ruled for the school district in 1998. freedom in the hands of faculty, not administrators.” However, the U.S. Court of Appeals for the Tenth Circuit By deciding not to consider Jefferson’s challenge, the sided with Falvo in 1999. Supreme Court let the lawsuit move to trial without clarifying

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guidelines for when the First Amendment does and does not The court declined February 25 to hear O’Bannon v. apply to employee speech. “You can never really tell what it Indiana Civil Liberties Union, et al. The ICLU filed the suit is that motivates” the justices, John G. Roberts Jr., the lawyer in May 2000 after Gov. Frank O’Bannon agreed to erect a representing Green and Besser, said of the Supreme Court’s Ten Commandments monument on the statehouse lawn in action. He added, however, that “the court has always said Indianapolis. The monument, which is seven feel tall and that denial of certiorari rights doesn’t mean that they think weighs over 11,000 pounds, features the Decalogue on one the decision [of a lower court] is correct. It just means that side, the Bill of Rights on the other, and has the preamble to they don’t want to get involved.” the state constitution etched on its side. Last year, the U.S. Regardless of the April action, Roberts said the Supreme Court of Appeals for the Seventh Circuit ruled that the dis- Court eventually will have to deal with the “confusion” in play violates the separation of church and state, and the high the lower courts. “The rules about how the First Amendment court’s rejection of the case let that ruling stand. applies here are different across the country,” he said. The O’Bannon case had generated interest from attorneys Reported in: Chronicle of Higher Education online, April 2. general in nine states, each of whom urged the Supreme U.S. Supreme Court justices rained skepticism on an Court to hear the matter, including Alabama, Mississippi, Ohio village’s effort to regulate door-to-door proselytizing Nebraska, Oklahoma, South Carolina, South Dakota, Texas, by the Jehovah’s Witnesses February 26, suggesting through Utah and Virginia. Last year, the high court refused to hear a their questions during oral arguments that the local ordi- similar case from Elkhart, Indiana, and numerous lower nance violates the religious group’s rights to free speech. courts have struck down government display of the The Village of Stratton, a collection of some three hun- Commandments. In fact, advocates of government-spon- dred largely elderly people living on the banks of the Ohio sored religious displays have fared poorly in courts. Over the River, said its ordinance requiring a permit to go door-to-door last three years, state and federal courts have struck down was necessary to protect the safety and privacy of its resi- Commandments displays in South Carolina, Kansas, dents, and applied equally to everyone. The Jehovah’s Kentucky and Indiana in a separate case. Witnesses, who have a long history of fighting and winning “Here’s a new commandment we all need to follow: Thou free-speech cases at the Supreme Court, sued Stratton, claim- shalt not mix religion and government,” said Lynn. “Houses ing that the ordinance violated the First Amendment, but both of worship should sponsor religious displays, not the gov- a federal trial judge in Ohio and the U.S. Court of Appeals for ernment.” Reported in: Americans United Press Release, the Sixth Circuit sided with the village. February 25. At the Supreme Court, however, most of the pressure The U.S. Supreme Court agreed February 19 to hear a seemed to be on Abraham Cantor, the attorney for Stratton. challenge to a law that extends copyright protection for all Justice Sandra Day O’Connor asked whether the ordinance published material for an additional twenty years. Some pro- also might mean that trick-or-treaters would have to get a per- fessors say the law hampers their ability to publish electronic mit. Cantor said it would not. “We can all stipulate that the resources and teach courses online. Classroom-based safest societies in the world are totalitarian societies,” Justice courses often use copyrighted material under a “fair use” Antonin Scalia remarked to Cantor, adding that accepting exemption that the law does not make available to online “some risk” of crime might be necessary to achieve liberty. instructors. Only Chief Justice William H. Rehnquist evinced a meas- The case, Eldred v. Ashcroft, concerns the constitutional- ure of sympathy for the village’s approach, noting that two ity of the Sonny Bono Copyright Term Extension Act of teenagers recently arrested for a brutal double murder in 1998, which protects the copyright of material for seventy rural New Hampshire allegedly posed as poll-takers to gain years after its author’s death. Before the law was passed, access to homes in the area. copyright was protected for fifty years after the author’s death The case is Watchtower Bible and Tract Society of New or seventy-five years after the material was first published. York v. Village of Stratton. A decision is expected by July. Eric Eldred, who filed the suit, publishes an online Reported in: Washington Post, February 26. archive of classic literature. He said in an interview that old The Supreme Court’s refusal to hear an Indiana case con- books, songs, and movies should flow continuously into the cerning government display of the Ten Commandments is public domain. But he said Congress keeps bowing to pub- another defeat for the movement to adorn courthouses and lishing companies that want to prevent works from ever public schools with religious symbols, said Americans being available free. United for Separation of Church and State. “Public buildings “Every time Mickey Mouse threatens to go to the public should display patriotic symbols that bring us together, not domain, the lobbyists go to work to get an extension,” he religious symbols that divide us,” said the Rev. Barry W. said. “If the big publishers and media giants have their way, Lynn, executive director of the group. “All Americans then basically they’ll turn our culture into a pay-per-view should feel welcome when they walk into a city hall, a court- event.” If Congress had not extended copyright protection, house or a public school. The posting of religious symbols Mickey Mouse cartoons would have begun entering the pub- there says some religious groups are better than others.” lic domain in 2003.

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A three-judge panel of the U.S. Court of Appeals for the tect patrons from themselves, not others. “If any bureaucrat District of Columbia Circuit ruled against Eldred in February can make a rule regarding health and safety, state parks could 2001. make everyone wear sunscreen,” he said. Lawrence Lessig, a Stanford University law professor Library Director Larry D. Black commented afterwards, who is representing Eldred, said the U.S. Constitution allows “We think the rules are reasonable and for the good of all our Congress to protect copyright for a “limited” period of time. customers. I always expected to win. I just hate to see the But he said that, with the Copyright Term Extension Act, library spend the money to defend itself.” Reported in: Congress is aiming for unlimited protection by retroactively Columbus Dispatch, March 28. extending copyright for materials already published. Congress should be able to change the copyright protec- tions only to affect new materials, Lessig said. “The copyright power is a quid pro quo,” he said. “Congress gives [authors] a monopoly in exchange for something new.” He also said that Internet the law violates the First Amendment by continuing to prevent published material from entering the public domain. Tucson, Arizona But Theodore Olsen, the U.S. solicitor general, wrote in a In a lawsuit brought by a broad array of media and civil brief that Congress has the sole power to establish copyright liberties plaintiffs, a United States District Court in Tucson, protection, and that the act fits within the scope of Congress’s Arizona, held unconstitutional and permanently enjoined the power. The brief says that no previous Supreme Court cases enforcement of an Arizona statute criminalizing the inten- have limited Congress’s ability to extend copyright. “And his- tional or knowing transmission over the Internet to a minor torical practice amply supports the sensible view that of material considered “harmful to minors” as defined by Congress may extend the term of existing copyrights when it Arizona law. The Court, holding the statute unconstitutional extends the term of copyrights for future works,” Olsen wrote. under both the Commerce Clause of the U.S. Constitution The case affects the use of all copyrighted works, online and its First Amendment, found the statute overbroad, or off. But Lessig said that removing the new copyright unconstitutionally vague and violative of the Commerce restrictions is especially important for anyone who publishes Clause because Arizona has no legitimate interest in protect- material electronically. The Internet allows anyone to pub- ing persons outside of Arizona from speech that Arizona lish information, not just large media companies, Lessig deems to be harmful to minors. said. Most people can’t afford to hire lawyers to help secure The plaintiffs, who filed the suit in the summer of 2000, permission from authors or determine what is or isn’t in the included Media Coalition members American Booksellers public domain. “It’s now more important than ever that the Foundation For Free Expression, Association of American principle of public domain be preserved,” he said. Publishers, Inc., Freedom to Read Foundation, Magazine Fritz Dolak, copyright and electronic-resources librarian at Publishers of America, National Association of Recording Ball State University, said that the Copyright Term Extension Merchandisers, Periodical and Book Association of Act especially hurts online education. Published materials America, Publishers Marketing Association, Recording used in the classroom are often exempt from copyright laws, Industry Association of America, Inc., and Video Software because of the fair-use doctrine. But Congress has not Dealers Association. Also plaintiffs were the ACLU and a extended the same exemption to online education. Reported number of websites. While the Arizona legislature last year in: Chronicle of Higher Education online, February 20. amended the law after the lawsuit had commenced in an apparent attempt to avoid the law being invalidated, the fed- eral court’s February 19, 2002, order held that the further amendment was unconstitutional as well. Michael A. Bamberger, one of the counsel for plaintiffs, said, “We are gratified but not surprised by the result. library Similar laws have been uniformly held unconstitutional, Columbus, Ohio including those in New York, New Mexico, Virginia and A software programmer, who sued the Columbus Michigan.” Reported in: Media Coalition Press Release, Metropolitan Library for requiring him to wear shoes, lost his February 27. case in federal court March 27. U.S. District Court Judge Algernon L. Marbley told plaintiff Robert Neinast that the San Diego, California library was not restricting his constitutional rights and that its In a unanimous decision, a panel of federal judges from shoe requirement “promotes communication of the written the U.S. Court of Appeals for the Ninth Circuit ruled January word in a safe and sanitary condition.” 31 that terriwelles.com, Web site of 1981 Playboy Playmate Neinast had been asked to leave the downtown library for of the Year Terri Welles, could feature the term “Playmate of being shoeless on several occasions between 1997 and 2001. the Year” because it did not infringe upon the trademarks of He told reporters that the library’s barefoot ban was to pro- Playboy Enterprises. Playboy had accused the aging center-

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fold queen, who has appeared in thirteen issues of the mag- come out the way they did and looked for a rationale to sup- azine and eighteen newsstand specials, of allegedly infring- port it.” ing upon the bunny company’s famous trademarks by Playboy did win a minor victory. The appeals court said including them in the text and meta tags of her website. The Welles’ repeated use of the term PMOY in the background complaint threw the intellectual property book at Welles, of her site was a trademark infringement: “We affirm the charging trademark infringement, dilution, false designation district court’s grant of summary judgment as to PEI’s of origin and unfair competition. claims for trademark infringement and trademark dilution, But the three-judge panel, in an opinion written by with the sole exception of the use of the abbreviation Justice Thomas Nelson, said that Welles had the right to use ‘PMOY.’” what amounted to her previous job title—even if her porn Eugene Volokh, a law professor at UCLA, applauded the site competed with Playboy’s rather more famous homepage Ninth Circuit’s decision. “I think it’s quite good. It reinforces by hawking a $19.95 a month membership fee. one important point, which is that it’s certainly OK to use “We conclude that Welles’ uses of [Playboy’s] trade- someone else’s trademark if you’re accurately relating your marks are permissible, nominative uses. They imply no cur- relationship with that entity,” Volokh said. “If you’re a body rent sponsorship or endorsement. Instead, they serve to iden- shop that repairs Volkswagen cars, you can say so.” tify Welles as a past ‘Playmate of the Year,’” the judges said. Volokh said: “In context, nobody is going to be confused. The judges mostly agreed with an earlier decision by U.S. Nobody’s going to think the Welles site is endorsed by District Court Judge Judith Keep in San Diego. “The marks are Playboy. They’re going to think it’s just run by a former clearly used to describe the title she received in 1981, a title Playmate of the Year.” Reported in: Wired News, February 7. that helps describe who she is,” the panel explained. “It would be unreasonable to assume that the Chicago Bulls sponsored a Fort Lauderdale, Florida website of Michael Jordan’s simply because his name appeared Internet giant America Online has won a civil lawsuit with the appellation ‘former Chicago Bull.’ Similarly, in this against a company it accused of sending unsolicited porno- case, it would be unreasonable to assume that [Playboy] cur- graphic e-mail to AOL members. The settlement requires Fort rently sponsors or endorses someone who describes herself as Lauderdale-based Netvision Audiotext to pay AOL an undis- a ‘Playboy Playmate of the Year in 1981.’” closed amount in monetary damages. The accompanying Playboy has trademarked the phrase “Playmate of the injunction requires the company to stop sending unsolicited Year.” e-mail, or “spam,” to AOL members through Netvision’s In 1979, Welles was a flight attendant for United Airlines Webmaster affiliates, and to provide detailed information to who was invited to Hugh Hefner’s famous mansion by a AOL during future spam investigations. mutual friend. Hefner offered to put her on the cover of the “This puts adult Web sites on notice that to avoid liabil- magazine, and she accepted. Since then, Welles claims, ity of being sued, they have to start imposing controls on she’s frequently referred to herself as a “Playmate” or their Webmasters and making sure that people who spam are “Playmate of the Year,” with zero complaints from Hef or his terminated from their affiliated programs,” AOL representa- lawyers—until she opened her own subscription sex site in tive Nicholas Graham said. June 1997. It includes nude photos of herself, a fan club and The settlement and accompanying injunction concluded a a brief autobiography. January 2001 lawsuit filed by AOL against Netvision. The “Playboy has not yet determined what it will do. It is lawsuit alleged that Netvision violated the Virginia reviewing its options,” said Dave Francescani, an outside Computer Crimes Act and the Federal Computer Fraud and attorney who represented Playboy. “The court did not award Abuse Act, among other statutes. attorneys’ fees to Welles,” Francescani said. “The argument Netvision, which owns Cyber Entertainment Network, that was made below was that it was a frivolous action on the site accused of spamming, has claimed that its service Playboy’s part. The district court and the court of appeals has a “no-spam” policy. However, AOL’s lawsuit alleged decided that this was not the case at all.” that CEN offered incentives for third-party Webmasters to Kevin Smith, an attorney who represents trademark hold- transmit spam, targeting AOL members in particular. ers, says he’s not overjoyed with the decision. He said the The settlement forces Netvision sites to discontinue court’s ruling that Welles was making legal “nominative soliciting affiliate Webmasters to send spam on their behalf. use” of Playboy’s trademarks was disturbing. “As a trade- It also forces Netvision to police itself. Netvision will need mark practitioner, I don’t like this decision. It bothers me to revise its Web site policy to include provisions to crack inasmuch as they’re furthering the creation (of nominative down on third-party Webmasters who send spam. use) that they’ve already started. I think trademark owners Jason Catlett, president of anti-spam organization would be better served if we don’t create a new exception in Junkbusters, praised the victory, but warned of the tough trademark law,” Smith said. road still ahead. “They’re blocking some major sources of Smith suggested a traditional “fair use” test would be spam to their members, which is laudable,” he said. fairer to trademark holders. “I think the court wanted to “Unfortunately, most spammers are not large, slow-moving

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targets that can be efficiently litigated.” Reported in: church and state News.com, April 3. Montgomery, Alabama Alabama Supreme Court Chief Justice Roy Moore issued Cincinnati, Ohio an opinion in a child-custody case calling homosexuality “a A federal appeals court on March 11 allowed a protest sin” that “violates both natural and revealed law.” A portion of site to return to the Web while First Amendment issues are the ruling cited the biblical books of Genesis and Leviticus. considered, overturning a lower court decision. According “It appears that Justice Moore is once again making his to Public Citizen, a Washington, D.C.-based nonprofit pub- decisions on the basis of his personal religious beliefs, not the lic interest organization, the U.S. Court of Appeals for the commands of the law,” said the Rev. Barry W. Lynn, execu- Sixth Circuit suspended an order issued December 7, 2001, tive director of Americans United for Separation of Church by a U.S. District Court in Michigan. The Michigan Court and State. “Justice Moore would make a great official of the ordered Henry Mishkoff, a computer consultant who Inquisition, but he doesn’t belong on a state supreme court. resides in Dallas, Texas, to take down “Taubman “I don’t know what to expect next from Moore,” contin- Sucks.com,” a Web site critical of The Taubman Co.—a ued Lynn. “Perhaps a witch burning?” shopping mall developer based in Bloomfield Hills, The decision in In Re: D.H. v. H.H. concerns a lesbian Michigan. living in California who sued her ex-husband in Alabama to Ironically, Mishkoff’s first brush with the Taubman Co. obtain custody of the couple’s three minor children. The occurred when he created a “fan site” praising a mall Alabama Supreme Court unanimously rejected the mother’s known as “The Shops at Willow Bend.” On his Web site, case, and Moore wrote a separate concurring opinion blast- Mishkoff wrote in 1999 he was “delighted to learn” of the ing homosexuality on religious as well as legal grounds. mall’s pending development in nearby Plano, Texas. The Among other things, Moore called homosexuality “an evil shopping center eventually opened August 3, 2001. disfavored under the law,” “an inherent evil,” a “detestable Mishkoff noted that Taubman had registered two domain and an abominable sin,” and “an act so heinous that it defies names as “official” Web sites for the mall—“The one’s ability to describe it.” ShopsAtWillowBend.com” and “ShopWillowBend.com” Moore even suggested that execution is an appropriate —so he created “ShopsAtWillowBend.com” as a “fan” penalty for gay people. site. “The State,” observed Moore, “carries the power of the According to Mishkoff, when Taubman learned of his sword, that is, the power to prohibit conduct with physical site two years later, the company demanded he relinquish penalties, such as confinement and even execution. It must the domain name. When he refused, based on the fact that use that power to prevent the subversion of children toward his site was non-commercial, Taubman sued Mishkoff for this lifestyle, to not encourage a criminal lifestyle.” trademark infringement. In response to the lawsuit, Tracing the history of laws banning homosexuality, Mishkoff said he created a protest site called Moore, in his February 15 ruling, cited passages from the “TaubmanSucks.com.” Acting as his own attorney, books of Genesis and Leviticus and favorably cited Mishkoff unsuccessfully opposed an injunction ordering anti-sodomy laws in legal codes stretching back to the sixth him to take down the “ShopsAtWillowBend.com” site. century. Moore wrote, “No matter how much society appears However, when Taubman sought an injunction against to change, the law on this subject has remained steadfast from “TaubmanSucks.com,” the case drew the attention of Public the earliest history of the law, and that law is and must be our Citizen’s Paul Levy. law today. The common law designates homosexuality as an “Public Citizen filed an amicus (friend of the court) brief inherent evil, and if a person openly engages in such a prac- on Mishkoff’s behalf when the injunction expanded to tice, that fact alone would render him or her an unfit parent.” include the ‘sucks’ site,” Levy said. Levy characterized the Lynn criticized Moore for using his office to promote a district court’s order for Mishkoff to take down his two sites fundamentalist Christian agenda. He noted that Americans as a “dangerous step toward restricting non-commercial United is currently suing Moore in federal court, challenging speech on the Internet.” He said the appeals court will rule his display of a two-ton Ten Commandments monument at on the merits of Mishkoff’s case regarding both sites. the Supreme Court building in Montgomery. Reported in; “The fan site is an interesting issue,” said Levy. “It is a Americans United Press Release, February 20. fan site for a commercial enterprise, so I don’t know how it will turn out. As for the complaint site, I cannot imagine the plaintiff prevailing,” he added. “While there is not an appeals court ruling on the matter, ‘sucks’ sites have been upheld by lower courts and repeatedly upheld by UDRP.” film and video Reported in: Newsbytes.com, March 11. Denver, Colorado A federal judge on March 4 dismissed a lawsuit that claimed several video game distributors and filmmakers

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shared blame for the Columbine High School massacre. U.S. New Orleans, Louisiana District Court Judge Lewis Babcock granted motions to dis- The Louisiana Supreme Court will not hear a lawsuit miss filed by Time Warner, Inc., and Palm Pictures, as well as claiming that Oliver Stone’s movie Natural Born Killers eleven video game makers, including Sony Computer inspired a teen-ager to shoot and cripple a convenience store Entertainment America, Activision and Id Software, the maker clerk. The court refused without comment to hear the appeal of “Doom.” The lawsuit was filed by the family of slain filed by the family of Patsy Byers, who was paralyzed when teacher Dave Sanders and on behalf of other Columbine vic- Sarah Edmondson shot her during a 1995 holdup in tims. It alleged that the makers and distributors of the games Ponchatoula. A state district judge threw out the case last and movies should have known their products could have led March, ruling that Stone and Time Warner Entertainment Co. student gunmen Eric Harris and Dylan Klebold to carry out are protected by the First Amendment. Byers’ family could the massacre. not show that Stone meant the film to incite violence, Judge In the ruling, Babcock said there was no way the makers Bob Morrison ruled. of violent games including “Doom” and “Redneck Rampage,” The case was at the end of a 3-page list of writ applica- and violent movies, such as The Basketball Diaries, could tions denied in February by the appeals court. have reasonably foreseen that their products would cause the Edmondson shot Byers during a two-state crime spree Columbine shooting or any other violent acts. In a journal with her boyfriend, Benjamin Darras, who had killed a man written a year before the attack, Harris wrote of his and in Mississippi the day before. Byers died of cancer in 1997. Klebold’s plans: “It’ll be like the LA riots, the Oklahoma Edmondson is serving a 35-year prison sentence in Louisiana bombing, WWII, Vietnam, Duke and Doom all mixed for shooting Byers. Darras is serving a life sentence for the together . . . I want to leave a lasting impression on the world,” Mississippi killing. Harris wrote. “Duke Nukem” is also a video game. Edmondson told investigators that before they left Babcock rejected the plaintiffs’ claim that video games Oklahoma, she and Darras repeatedly watched the 1994 should not be protected by the First Amendment, ruling that movie about a young couple who kill 52 people during a decision against the game makers would have a chilling three weeks. Attorneys for the Byers family said the direc- effect on free speech. “Setting aside any personal distaste, as tor and Time Warner should be held responsible for the vio- I must, it is manifest that there is social utility in expressive lent reaction to the film. Reported in: Associated Press, and imaginative forms of entertainment, even if they contain February 14. violence,” Babcock wrote. During the investigation into the April 20, 1999, shoot- ings, police found a videotape that shows one of the killers with a sawed-off shotgun he called “Arlene” after a charac- privacy ter in the video game “Doom.” The plaintiffs also said Harris Washington, D.C. and Klebold had watched the Leonardo DiCaprio movie, The A federal judge in late March ordered the FBI to expand Basketball Diaries, in which a student kills his classmates. its search for records about Carnivore, also known as Babcock also rejected the argument that the video games DCS1000, technology that is installed at Internet service were defective because they taught Harris and Klebold how providers to monitor e-mail from criminal suspects. The to point and shoot guns without teaching them the responsi- court denied a motion for summary judgment and ordered bility or consequences of using weapons. He also ruled that the FBI to produce within sixty days “a further search” of its the defendants’ legal fees be paid. records pertaining to Carnivore, as well as a device called Authorities say the gunmen killed Sanders and twelve EtherPeek, which manages network traffic. students before killing themselves in the attack that also left The FBI has defended Carnivore by assuring the public about two dozen others wounded. Babcock is the judge who that it only captures e-mail and other online information previously dismissed all but one of nine lawsuits filed authorized for seizure in a court order, but the Electronic against the school district by the families of those slain or Privacy Information Center (EPIC) has voiced concerns over wounded at Columbine High School. The one he didn’t dis- potential abuse. EPIC sued the FBI, the investigative arm of miss was filed by Sanders’ family. the Justice Department, in July 2000 under the Freedom of The other defendants included in the motion to dismiss Information Act so it could examine Carnivore-related doc- are: Acclaim Entertainment, Capcom Entertainment, EIDOS uments. Interactive, Infogames, Interplay Productions, Midway EPIC “has raised a ‘positive indication’ that the FBI may Home Entertainment, Nintendo of America and Square Soft. have overlooked documents in other FBI divisions, most Not included were Apogee Software, Atari Corporation, notably the offices of the General Counsel and Congressional Island Pictures, New Line Cinema, Meow Media, Network and Public Affairs,” U.S. District Court Judge James Authentication Systems, Polygram, Sega of America, and Robertson wrote in his order. The court order marks the latest Virgin Entertainment. Reported in: freedomforum.org, chapter in EPIC’s ongoing legal battle with the Justice March 5. Department. The lawsuit could have significant implications

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for the government’s tactics of monitoring Internet use in wrote for the court. “It reaches beyond a criminal’s profits federal investigations. from the crime or its exploitation to reach all income from According to the order, the FBI had completed its pro- the criminal’s speech or expression on any theme or subject, cessing of EPIC’s FOIA request, producing a search of 1,957 if the story of the crime is included.” pages of material but releasing only 1,665 pages to EPIC. The case began in 1998 when Sinatra sued in Los The privacy group claimed those records were inadequate, Angeles County Superior Court to prevent Columbia saying they only addressed technical aspects of Carnivore, Pictures from paying $1.5 million for the rights to a film not legal and policy implications. about the then-19-year-old’s four-day kidnaping at the EPIC General Counsel David Sobel said the FBI and hands of Barry Keenan and two other men. Columbia’s Justice Department have been “very grudging” about the offer had been prompted by “Snatching Sinatra,” a story Carnivore information they are willing to release. “A new about Keenan in the January 1998 issue of New Times Los court-supervised search is likely to result in the release of a Angeles. lot of significant new information, particularly because the Widespread interest in the case was heralded by amicus information that we’re likely to get now is material dealing curiae briefs being filed by the California attorney general’s with the Justice Department and the FBI’s assessment of the office on Sinatra’s behalf and by the American Civil legal issues raised by the use of Carnivore,” Sobel said. “I Liberties Union Foundation of Southern California and sev- think now—especially after September 11 when these kinds eral publishers on Keenan’s side. of techniques are likely to increase in use—it’s even more Sinatra had argued that the California Victims’ Rights important that information be made public and how the tech- Law compelled Keenan to pay any profits from books, niques are being used and how the Justice Department sees movies and other expressive outlets to the victim or to a state the legal issues.” trust to go toward unpaid fines, reimbursing trial costs and In September 2000, the Justice Department commis- compensating crime victims in general. Keenan—who now sioned IIT Research Institute, an arm of the Illinois works in Austin, Texas, for a nonprofit organization involved Institute of Technology, to undergo a review of Carnivore. in prison and drug policy reform—responded by simply say- Two months later, the institute released its findings, saying ing that California’s law was just as unconstitutional as the the technology “protects privacy and enables lawful sur- New York law thrown out by the U.S. Supreme Court. veillance better than alternatives.” The report said The trial court and Los Angeles’s Second District Court Carnivore provides investigators with no more information of Appeal sided with Sinatra. But the state’s Supreme Court than is permitted by a given court order and that it poses no reversed and remanded, saying that the California law’s risk to Internet service providers. Reported in: ZDNet financial disincentive “discourages the creation and dissem- News, March 27. ination of a wide range of ideas and expressive works which have little or no relationship to the exploitation of one’s criminal misdeeds.” The justices also fretted that the law, as worded, would etc. have prevented earlier works by the likes of civil rights San Francisco, California activist Malcolm X, Watergate figures Charles Colson, G. To the dismay of crime victim advocates, the California Gordon Liddy and John Dean, and publishing heiress Supreme Court on February 21 gutted the state’s version of Patricia Hearst. New York’s “Son of Sam” law that for nearly two decades “A statute which operates in this fashion,” Baxter wrote, has kept convicted felons from profiting off their crimes. “disturbs or discourages protected speech to a degree sub- By unanimous vote, the court’s seven justices, in a case stantially beyond that necessary to serve the state’s com- revolving around the 1963 kidnaping of Frank Sinatra, Jr., pelling interest in compensating crime victims from the ruled unconstitutional a key prong of the law that prevents fruits of the crime.” criminals from making money off books, movies and other Sinatra also had argued that the California law differed “expressive materials” concerning their offenses. The court from the New York law in that it applied only to convicted said specifically that California Civil Code § 2225(b)(1) of felons and allowed an exemption for materials that had only the state’s Victims’ Rights Law was overinclusive. a “passing mention” of the crime. The court brushed those The justices’ reasoning was based on its evaluation of the arguments aside. U.S. Supreme Court’s ruling in Simon & Schuster v. Members The ruling in Keenan v. Superior Court let stand a sec- of the New York State Crime Board. That 1991 decision tion of the law prohibiting convicted felons from profiting declared unconstitutional New York’s very similar “Son of from the selling of memorabilia, property and rights that Sam” law, named after serial killer David Berkowitz, who were enhanced by their crime-related notoriety. It also, in a terrorized New York City in the summer of 1977. huge footnote, stressed that the ruling is narrow and doesn’t “Section 2225(b)(1) contains the fundamental defect identified in Simon & Schuster,” Justice Marvin Baxter (continued on page 142)

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an illegal trespass. Tien said the trespass rules Intel sued under require real damage to the property that was allegedly trespassed upon. Reported in: Newsbytes.com, February 1.

Washington, D.C. In a March 19 memo, the White House ordered all fed- eral offices to review the content of their Web sites for sen- sitive materials in the wake of the September 11 terrorist attacks. But the move raised questions about whether the Bush administration was simply using the attacks to justify a policy that began well before September. Federal offices have until June 19 to review the content of their Web sites for “sensitive but not classified” materials and report back to the Office of Homeland Security, according to the memo, released by White House Chief of Staff Andrew Card. White House spokesman Jimmy Orr said the materials could include anything that would threaten national defense or aid in the construction of “weapons of mass destruction.” Orr said he couldn’t give any specifics, nor would he say whether the public could still access the information through other venues, such as the Freedom of Information Act. “We don’t want to classify documents and hinder the dis- tribution,” Orr said, explaining why certain items were being removed from Web sites. However, Ari Schwartz, a policy analyst at the Washington-based Center for Democracy and Technology, said the whole thing is a bad idea. By creating Internet a new category, “sensitive but not classified,” the White San Francisco, California House has created a huge blanket that can be cast over The San Francisco-based Electronic Frontier Foundation almost any type of information the government wants to (EFF) asked the California Supreme Court February 1 to hide, Schwartz said. The current administration might have overturn a lower court decision barring a disgruntled noble motivations, he said, but what would stop future offi- ex-Intel employee from sending angry e-mail messages to cials from abusing the directive? workers for his former company. In December, a California Instead of fixing problems and making the nation’s criti- appeals court ruled that Intel could sue former employee cal infrastructure such as dams, nuclear power plants and Ken Hamidi for sending e-mail to Intel employees after the other facilities, more secure, the administration has attacked company warned him to stop. information about these sites, he argued. “They are basically In January, Hamidi’s attorneys asked the California blaming the messenger for the problems that are out there,” Supreme Court to review the appeals court ruling. EFF attor- Schwartz said. neys filed an amicus curiae letter in the case. Before September 11, President George W. Bush said EFF attorneys said the appeals court’s interpretation of publicly that his administration wouldn’t be as open as past the case could have a disastrous impact on electronic speech presidencies, and he blocked the release of information from and commerce. By accepting Intel’s claim that Hamidi “tres- the Reagan administration that was supposed to be made passed” on the company’s servers, the court in essence said: public this year. “I think they have been using September 11 “even if you cause no harm, as long as the owner of an as an excuse to make that [increasing secrecy] happen,” Internet-connected device doesn’t want you to make contact Schwartz said. “There really is a pattern here that started with that device, you are vulnerable to prosecution,” EFF well before September 11.” Senior Attorney Lee Tien said. Under that interpretation, Orr stressed that the current decision to review govern- search engines could be held liable for bouncing Web surfers ment Web sites builds on a policy created under former to other Internet addresses without permission, Tien said. President Bill Clinton. Card’s memo doesn’t do anything The original case arose out of a series of e-mail messages that goes beyond reviews put in place under Clinton, Orr that Hamidi sent to all Intel employees following his dis- said. All it does is ask government agencies to review mate- missal. Although Intel conceded in court that the e-mail had rial that could be a threat to the public safety. caused no physical damage to its systems, the appeals court Schwartz said several Web sites have been tracking infor- affirmed a lower court ruling that the messages constituted mation that has been removed from the Web, such as one run

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by the San Francisco-based Electronic Frontier Foundation The convention was adopted in early November by 43 (EFF). He suggested that people visit the EFF site or the other countries, but each country must ratify it as well for it to go into sites to see for themselves. Reported in: Computerworld.com, effect. The U.S. Justice Department, the CCIA noted, has March 25. expressed reservations about conflicts between the hate speech clause and the U.S. Constitution. It was drafted as an attempt to set some level of legal and ethical standards for online activ- Washington, D.C. ity. Ratifying members will be required to pass similar legisla- The U.S. Interior Department is slowly bringing its con- tion to combat a host of Internet crimes, including copyright stellation of Web sites back online as a court appointed mas- infringement, child pornography, and malicious hacking. ter certifies that the sites do not threaten the privacy of indi- The multi-country treaty has steadily come under fire viduals who participate in a 100-year old Native American from several consumer and civil liberties groups concerned trust fund program. On December 5, U.S. District Court that the convention could lead to the emergence of an inter- Judge Royce Lamberth ordered nearly all Interior national electronic surveillance network, or a kind of “global Department Web sites and external e-mail access frozen, Big Brother.” Reported in: Newsbytes.com, February 6. after hackers showed how easy it was to break into the agency’s computers and set up arbitrary accounts. The hack was orchestrated by plaintiff’s attorneys in a five-year-old class-action case involving allegations that the Austin, Texas Interior Department mismanaged more than 500,000 Indian The Republican Party of Texas has told the owner of trust fund accounts. Interior Department spokesman Hugh www.enronownsthegop.com to shut down his Web site or Vickery said the affected sites are being brought back online face a barrage of trademark infringement lawsuits. The site, one-at-a-time as their operators are able to demonstrate their modeled after www.texasgop.org, lampoons several state security protections to the court. GOP incumbent candidates for refusing to return tens of The first site to come back online was that of the United thousands of dollars in PAC money contributed by Enron States Geological Survey. The National Park Service was next employees. The Web site reads “The Republican Party of and the Bureau of Reclamation site came back online a few Texas, Brought to You by Enron,” and includes the Texas days later, Vickery said. The order affected nearly all of GOP’s trademarked symbol of an elephant superimposed on Interior’s bureaus, including the Bureau of Land a map of the Lone Star State. Sprinkled nearly everywhere Management, which handles federal land leasing, grazing on the site—including on the back of elephant—is Enron’s rights, timber and mining policy. Other agency arms cut off now-infamous “crooked-E” symbol. from the Internet included the Bureau of Indian Affairs, the “Your Web site is clearly intended to imitate and mimic Fish & Wildlife Service, and the Minerals and Mining Service, the RPT trademark symbol and Web site, and to create con- the outfit that manages offshore oil drilling contracts with the fusion and mislead the public,” a letter from the Texas GOP private sector. Reported in: Newsbytes.com, March 4. stated. The Web site’s owner, Kelly Fero, said the Republican Party of Texas apparently doesn’t feel like a par- ody site about its ties to Enron is very funny—or protected Washington, D.C. by the First Amendment. High-tech lobby groups and civil liberties associations “I’m fully aware of parody exception in trademark law, told Secretary of State Colin Powell and Attorney General but we don’t think it applies in this case,” said Texas GOP John Ashcroft February 6 that an addition to the Council of attorney Jonathan Snare. “The position of state party is that Europe’s proposal to ban “xenophobic” and “racist” speech we want this site shut down, because we believe it’s going to on the Internet is a violation of the U.S. free speech princi- create confusion.” ples. The Computer & Communications Industry Association Fero is one of the top strategists helping to coordinate (CCIA) also said that the Council of Europe’s anti-racist the Democratic ticket in Texas, but he insists he paid for the speech clause would hold Internet service providers and Web site with his own money. Fero said the GOP candidates site operators responsible if their users employ hate speech on skewered on his site would remain there until they return the individual Web sites or Internet postings. money to Enron or to funds that have been set up to help CCIA President and CEO Ed Black in a statement said employees whose life savings were erased with the com- that “More speech, not less, is the most effective response to pany’s collapse. the spread of ignorance and hate. We believe a free market- The site has been up since the beginning of the year, and place of ideas should regulate content, not government. “We represents the Democratic ticket’s effort at “comprehensive also object to the imposition of liability on ISPs for anything communications,” Fero said. “We’re now moving our mes- that is sent over their networks. This treaty would force ISPs sage through more non-traditional ways, to audiences who in to monitor all users’ activities,” Black said. “It flies in the recent years have not participated as broadly in the demo- face of practicality, privacy and the open nature of the cratic process as perhaps they should, including the online Internet.” community,” he said.

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Mike Godwin, a senior fellow at the Center for Democracy materials coming in,” said Witold Walczak, executive and Technology in Washington, D.C., and specialist in trade- director of the Pittsburgh chapter of the ACLU. Reported mark law, said while court rulings in such matters have tra- in: Pittsburgh Post-Gazette, February 14. ditionally been split depending on the region of the country, judges have increasingly favored the defendant in cases where the domain name in question is critical of another entity. “In this case, because the name itself is a parody, it’s difficult to imagine any reasonable person thinking that the colleges and universities Web site represents the GOP in any way, shape or form,” he New York, New York said. “Everyone understands that the interest you protect A regional office of the National Labor Relations Board with trademark law is primarily a business interest, and you filed a complaint February 28 charging New York University certainly can’t use trademark law to suppress criticism.” with illegally denying tenure to a professor who voiced sup- Reported in: Newsbytes.com, February 15. port for a graduate-student union drive. Joel Westheimer, who was an assistant professor of education, charged that he was denied tenure last year because he had testified at NLRB hearings on behalf of NYU’s graduate students, who were seeking the right to unionize. He was the only professor schools without tenure to do so. Altoona, Pennsylvania Celeste Mattina, who directs the labor board’s New York The Altoona School District will no longer allow private region, said a four-month investigation into the case had groups to distribute written materials on campus after the shown that there is “probable cause” to conclude that NYU American Civil Liberties Union challenged a flier for reli- violated the National Labor Relations Act. “After balancing gious study groups. Under the change, approved by the the information, we concluded that the real reason for his school board February 11, the district will distribute only denial of tenure was because of his union activities,” said materials related to school events. The policy revision was Mattina. the latest in a string of changes, dating back to 1999 when A hearing before an administrative law judge was sched- a Baptist preacher filed a request to display the Ten uled for April 30. NYU issued a statement denying the Commandments in a school, saying it would help build charges. It called the labor board’s decision to file a com- character. plaint “wrong—wrong on the facts, wrong on its interpreta- The district responded with a policy that allowed reli- tions, and wrong in its conclusions.” Westheimer, the state- gious and historical documents to be posted for twenty-five ment said, was denied tenure because he lacked sufficient school days if they showed no disrespect to any individual, scholarship and failed to contribute to his department. His ethnic group or religion. But the committee charged with union activities played no part in the decision. approving or rejecting submitted documents received a Westheimer, who received unanimous support from his flurry of writings on topics including the Baha’i faith, athe- department in his tenure bid, began teaching at NYU in 1996. ism, gay history and Wicca, a New Age religion criticized He has written numerous journal articles and a 1998 book, by conservative Christians as a form of witchcraft. The dis- Among Schoolteachers: Community, Autonomy, and Ideology trict dropped the policy after two months. in Teachers’ Work (Teachers College Press). “I’m just so The latest change means another group, Habitat for thankful that the labor board has shown that NYU is not above Humanity, will be prohibited from circulating a flier solic- the law,” Westheimer said. “Firing a professor for their politi- iting student participation in a charity basketball game. cal views should have no place at an institution like NYU.” “We thought rather than get into situations, perhaps what Although the administration opposed the organizing we experienced with the Ten Commandments, that we drive for years, NYU is the only private university to offi- would just enact a policy that would limit the material that cially recognize a graduate-employee union. Reported in: we would distribute,” said Assistant Superintendent Frank Chronicle of Higher Education online, February 28. Meloy. The school’s last policy required organizations to sub- mit materials to a superintendent, who would “study and Morgantown, West Virginia make a decision as to the educational, social and moral The band of West Virginia University demonstrators worth of the services offered.” The policy was dropped moved toward Stewart Hall in virtual silence, a strange after the ACLU asked to distribute its student rights hand- tableau during a demonstration promoting the concept that book. free speech reigns anywhere and not just in two univer- “The only way to allow religious materials is to also sity-designated “free speech zones.” The peculiar tranquillity allow nonreligious materials, which leads to a difficult sit- was jarred when a passing young man screwed up his face in uation because there’s no way to stop the potential flood of scorn and yelled, “Get a job, you lazy bastards.”

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A second or two passed. And then one of the female pro- who, when asked if he supported the issue, replied: “I guess testers became downright exultant. “See, you’re exercising if I really had something to say I would.” your right to free speech. You rock!” Seizing the moment, Student Becky Thompson, 22, of Elkins, didn’t know what the others enthusiastically cheered the man’s right to ver- the protest was about but when she learned, she was shocked: bally express his utter disdain for them. Speechless at the “Free speech is allowed anywhere. I don’t see how the uni- turnabout, the heckler hurried away. versity can regulate it.” As it turned out, that sentiment, and It was that kind of protest February 12, indicating both those of the protesters, was shared by Hardesty. After meeting how much campus demonstrations have changed since the with them for a half-hour, he said he agreed “that the univer- 1960s and how one thing—the three-decade-old university sity can do better. If we needed to be speeded up, and [the policy that precipitated it—has remained. Unlike the protest] helped, I’m happy about it. It was a positive day.” Vietnam-era protests that rocked WVU and other campuses, Hardesty said the protesters’ issues would be conveyed to there was no anger, raised fists, disruption or violence by the the ad hoc committee studying the issue. A report expected forty or so demonstrators. by month’s end will be given to the protesters for their input, The protesters wanted to show that a holdover from the he promised. “I feel the concept of the zone should be ’60s protest days—the university policy designating two replaced by ideas about conduct, about interfering with other small areas outside the student union building as free speech people, about disruption, about hurting property or individu- zones—was not only unconstitutional but absurd, that they als . . . I don’t think we have to limit individuals’ free speech could exercise their right to free speech anywhere on campus to a small area of the campus. There is no issue about what without being disruptive or worse. The controversy over the can be said here. The question is a reasonable time, manner free speech zones began in 1996 when a group of concerned and place respecting the rights of everyone who holds a dif- faculty formed the West Virginia Association of Scholars to ferent opinion,” Hardesty said. deal with what they perceived as political correctness stifling Student Matthew Poe, one of the group’s leaders, said he intellectual diversity. The group subsequently uncovered the was optimistic following the meeting and that Hardesty and long-standing policy for the speech zones. the protesters seemed to be on the same page. “I hope the In October 2000, students protesting outside a Disney intentions we discussed today to liberalize the policy signifi- recruiting seminar were told by campus police they could cantly will come to fruition,” Poe said. Reported in: not hold signs outside the free speech zone. In November Pittsburgh Post-Gazette, February 13. 2001 a student who had passed out fliers decrying Disney’s international labor record and then attended Disney’s recruiting seminar was ejected by police on grounds he had Whitewater, Wisconsin violated the free speech zone policy. The students and pro- The University of Wisconsin at Whitewater temporarily fessors had had enough. The West Virginia University Free rescinded a newly published free-speech policy that stu- Speech Consortium was formed. After that, the university dents,staff, and faculty members had complained was open appointed an ad hoc committee of faculty and students to to misinterpretation and could potentially impede the open study the issue. exchange of ideas. The guidelines, titled “Policy for Free “Our main point is to show that free speech can happen Speech, Distribution of Literature, Protests and Demon- without disruption and without any kind of violence,” said strations and Political Activity,” were added to the Nathan Moore, 21, a senior anthropology major who dressed University Handbook in December, but had been a part of for the protest as Abraham Lincoln, honoring both the six- existing rules and guidelines at the university, in bits and teenth president’s ideals and his birthday. “We want a policy pieces, since 1991, university officials said. that makes clear free speech is a good thing.” Among other things, the policy designated certain spaces “We just want them to go by the Constitution,” said on campus as “free-speech areas” and forbade any “person WVU associate professor David Shapiro, who formed the or group” from placing “political signs, posters, banners, or scholars group and attended the protest. similar material on or in university property.” It also required Even before the demonstration, university President twenty-four hours’ notice to obtain a permit for demonstra- David Hardesty offered to meet with representatives. The tions or protests. protesters learned that the Foundation for Individual Rights “The policy is very similar to what you’ll find on a lot of in Education, Inc., a Philadelphia-based organization, had campuses,” said Barbara C. Jones, assistant chancellor for taken up their cause and was faxing a three-page letter to student affairs. She acknowledged, however, that “there Hardesty protesting the university’s position. Bathed by sun probably are some things in there that have gone beyond but chilled by a stiff breeze, the group moved around cam- what the original intent of it was,” such as the prohibition pus, stopping several times to promote free speech with against placing political signs, posters, or banners anywhere impromptu comments from the group. For the most part, on university property. other students went on with their daily business. Some According to Jones, the incorporation of the free-speech stopped to watch for a moment or two, like the sophomore policy into the handbook was part of an effort started in 1999

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to update and codify campuswide policies. An e-mail mes- veto power over the release of records. As presidential his- sage informing the entire campus community of the policy’s torian Richard Reeves noted in the New York Times: “With incorporation into the handbook was sent out on January 4. a stroke of the pen on November 1, President Bush stabbed In early February a number of student-government represen- history in the back. . . . From now on, scholars, journalists, tatives, staff members, and professors raised concerns over and any other citizens will have to show a demonstrated, some of the language in the policy with Chancellor Jack specific ‘need to know’ in requesting documents from the Miller. Reagan, Clinton, and two Bush presidencies-and all others “The policy was never interpreted as necessarily mali- to come.” cious, but it may have been misinterpreted, which was the Timed to prevent the release of Reagan-era records, cause for concern,” said Edward E. Erdmann, chair of the which as Reeves pointed out, “could be embarrassing to Faculty Senate. “Faculty members were concerned that the some men and women now back in power with the second policy not be used to quell free speech.” Bush administration,” the Executive Order, as the amicus Erdmann said he wrote a letter to Miller expressing his brief notes is “not an implementation of the PRA, as it pur- concerns about the policy shortly before the chancellor ports to be, but rather an unlawful attempt to render it void.” announced that the policy would be suspended and Noting that “publishers serve the primary interest animating reviewed. Both Erdmann and Jones agreed that, to the best the PRA by disseminating works that draw significantly of their knowledge, the policy had never been used to deny upon presidential records, thereby insuring broad public any group the right to engage in any form of political activ- access to the information,” the brief asserts that the ity on campus. Executive Order “sharply limits the ability of publishers to Jones said the university was bringing together a group of fulfill this core mission.” students, professors, and staff members to help revise the Urging the court to grant plaintiffs’ motion for summary policy with an eye toward ensuring that the university’s com- judgment, the brief argues: “Against the tendency of those in mitment to free speech is made clear. Reported in: Chronicle power to distort and conceal . . . the work of historians and journalists in ‘keeping the record straight’ plays a pivotal of Higher Education online, February 13. role in the successful operation of our democratic system.” Other organizations joining the Association of American Publishers on the amicus brief are the American Booksellers Foundation for Free Expression, the American Society of open records Newspaper Editors, the Association of American University Washington, D.C. Presses, the Freedom to Read Foundation, PEN American The U.S. book publishing industry on February 28 urged Center, the Organization of American Historians, the Society a federal court to nullify President Bush’s executive order of Professional Journalists, the Authors Guild, and the limiting access to presidential papers and to order the Publishers Marketing Association. The brief was written by National Archives to administer the Presidential Records Act AAP’s Freedom to Read counsel R. Bruce Rich, Jonathan of 1978 as Congress intended. In an amicus brief submitted Bloom, Benjamin Marks, and Natalia Porcelli. Reported in: to the U.S. District Court for the District of Columbia, the AAP Press Release, February 28. Association of American Publishers, leading a distinguished coalition of organizations representing publishers, authors, journalists, and historians, called the Bush Order a “real, Austin, Texas substantial, and immediate threat . . . to the integrity of the The stacks of the Texas State Library and Archives groan historical record and to the public interest.” with boxes of carefully preserved papers dating back to The brief was submitted in support of a legal challenge James Pinckney Henderson, the first governor, who served brought in November by the public interest group Public from 1846 to 1847. But anyone trawling for insights into the Citizen seeking to compel the National Archives to abide most recent former governor, George W. Bush, or say, his ties by the terms of the Presidential Records Act (PRA). to Enron in the years he ran Texas, would have to travel 118 Enacted in 1978 in response to public outrage over the miles east to College Station. Even then, it might be months, abuses of the Nixon Administration, the PRA established maybe even years, before many of the records are available. permanent public ownership and governmental control of The papers, sitting in 1,800 boxes, are at the center of a presidential records, setting forth procedures governing tug of war between Bush and the director of the Texas state their preservation and making them publicly available archives. By placing them at his father’s presidential library twelve years after a president leaves office. The lawsuit at Texas A&M University, Bush is putting them in the hands was brought to overturn Executive Order 13,233 signed by of a federal institution that is not ordinarily bound by the President George W. Bush on November 1, 2001, which state’s tough Public Information Act. That law, among other limits access to presidential records and gives incumbent things, assures anyone who requests state records a reply and former presidents, and members of a president’s family within ten days. Officials at the Bush library say the best

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they can do, given staffing and other priorities, is ninety Tom Connors, a council member of the Society of American days, and some requests have taken longer. “We’ll do our Archivists who also took part in a recent rally to protest best,” said Warren Finch, the Bush library archivist. Giuliani’s records transfer. But Peggy D. Rudd, the Texas state archivist, said doing The transfer of Bush’s records was authorized by the their best was not quite enough. “Our opinion is that the State Legislature in 1997. The law says the governor, “in records belong to the State of Texas, and that the State consultation with” the state archives, may designate an Public Information Act pertains,” she said. “So, no, ninety alternate repository for his records. But, as Rudd says, days is not good enough.” “The law is silent on what happens after the transfer takes The struggle over Bush’s records is just one of many place.” battles over access to public records as politicians test new Rudd also complained that there was little if any con- ways to keep tight control over their archives. “Who needs sultation before Bush’s papers were sent away. She remem- a shredder when you have Daddy’s presidential library?” bers being startled when, on December 19, 2000, she was said James Newcomb, an official with the Better asked to sign a one-page statement noting the governor’s Government Association in Chicago, which relies heavily wish to ship the papers to his father’s library. “The after- on freedom-of-information requests. noon of Bush’s final day in office, a young man runs over In New York, former Mayor Rudolph W. Giuliani also with the agreement and says, ‘Sign here,’” she said. She has been criticized over an eleventh-hour deal that his signed. administration made to send his papers to a private center Ever since, the archives, the Bush library and represen- that people close to him will control. Critics have tatives for the current and former governors have tried expressed most concern over a line in the agreement that thrashing out the terms of the transfer to no avail. One of seems to give Giuliani the right to block the release of a the main sticking points, said Edward Seidenberg, the document in which he has a “personal interest.” assistant state librarian, was that “the Bush library said they In the cases of Giuliani and Bush, people involved in the could not agree to abide by a Texas law.” decisions have said they had the public’s interests at heart. On January 16, an interim memorandum of understand- “The whole purpose here was to make them more accessi- ing was reached that binds the parties until May 20. That ble, not less,” Giuliani said. In a similar vein, background is when they expect a ruling from the Texas attorney gen- materials in the Texas bill that gave Governor Bush the eral that they hope will clarify whether Governor Bush, by authority to name an alternate repository for his papers refer transferring the records, effectively moved them from to the desire to modernize records and ease the state’s load. under the aegis of the state, and its public information law. Archivists say there have always been politicians who Few in Austin care to bet how John Cornyn, the attor- treated their papers as chattel, dating to George ney general, will come down. The first Republican to Washington, who packed his papers into two trunks and occupy his office since Reconstruction and a member of returned to Mount Vernon. By 1978, tired of tussling with the Bush-Cheney transition team, he ran on a platform of Richard M. Nixon over documents, Congress passed the open government. Cornyn declined to be interviewed, but Presidential Records Act to assure that all official papers, in his inaugural speech on January 13, 1999, he not only with some exceptions, become public twelve years after a thanked his “friend” Governor Bush but also promised his president leaves office. But last November 1, President supporters to “vigorously enforce the laws requiring that Bush issued an executive order that blocked the government records and meetings shall be open to public long-awaited release of documents from Ronald Reagan’s view.” presidential library. The order, which is being challenged in In the meantime, news organizations and a public inter- court by several organizations, permits a sitting president est group, Public Citizen, have petitioned the Bush library to veto the release of a former president’s records. for the sixty or so Enron- related documents believed to be The Bush administration also has been criticized over a in the governor’s files, many dating from 1997 to 1999 memorandum that Attorney General John Ashcroft issued in when Texas was debating utility deregulation. If ten work- October, telling federal officials they could “be assured” of days elapse, and the petitioners sue, the matter would go Justice Department backing if they resisted freedom-of-infor- before a judge. mation requests. Vice President Dick Cheney also is battling “To say we have ten days to respond is mind-boggling,” the General Accounting Office, the investigative arm of Doug Menarchek, director of the Bush library, said of the Congress, over a request to produce records about his energy task before him. The records, housed in a temperature-con- task force. Cheney said that doing so would hinder his ability trolled, specially lighted room, arrived on sixty pallets. to get unvarnished advice from industry. Cataloging could take one archivist up to six years. By “What seems to be coming out of the administration is then, Bush might have his own presidential library. the idea that public information is a dangerous thing,” said Reported in: New York Times, February 11. „

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Bird said. According to the policy, extra jobs cannot create conflicts of interest or bring the officer or the State Police into disrepute. In the past, Bird said, State Police officials have denied requests from troopers to work second jobs as a firefighter, an auto auction consultant, and a professional boxer. “He made it through the screening and physical agility check and submitted a long application,” Liss-Riordan said. “He passed everything else, but was denied because of his bookstores.” An Arlington resident, O’Neill owns a half-share of Main Street Video in Somerville and Main Street Video in Marlborough. Ever since O’Neill opened his store near Marlborough City Hall in 1996, officials have been on the offensive. The city crafted new zoning regula- tions targeting adult video and bookstores, but O’Neill’s shop was not subject to the revised rules. Police discovered a basement peep show in O’Neill’s store at the end of 2000 and cited him for illegally operating a movie theater. Marlborough eventually won an injunction, and O’Neill complied, removing the coin-operated video booths, but he challenged the decision in court. Reported in: Boston Globe, February 14.

libraries adult bookstores Elgin, Illinois Marlborough, Massachusetts Supporters of a book detailing a young woman’s first It takes edge, confidence, and gumption to patrol the experience with love and sex won a key battle December highways of Massachusetts as a state trooper, and former 12 in the effort to make the novel available again to middle US Marine Eugene O’Neill felt that he had honed the req- schoolers at Elgin-based School District 46. A committee uisite skills, especially during a decade of clashes with of district staff and parents, as well as librarians from out- authorities over his two adult emporiums in Somerville and side the district, voted unanimously to return Judy Blume’s Marlborough. But the State Police felt otherwise about Forever to middle school library shelves after a four-year O’Neill’s business ventures, and in January, revoked his absence. The committee’s recommendation was accepted admission into the next class at the State Police Academy, by the Elgin School Board January 22 in a 5–2 vote. citing his refusal to divest his ownership in the two erotic After the committee’s vote was announced, Eastview bookstores, which sell sexually oriented videos, maga- Middle School librarian Joan Devine was greeted with hugs zines, and novelties. and high-fives from parents and staff. Devine led the group So O’Neill filed suit in federal court, charging that the of middle school and high school librarians who asked that decision infringed on his First Amendment right to free the book be put back on the shelves. “I’m very happy,” speech. “This is an important case, because the law makes Devine said. “I think it’s a victory for the students.” clear that the First Amendment protects a public Elgin parent Jean McNamara, who spearheaded the employee’s right to engage in constitutionally-protected fight against the book, said she thought the committee was speech, even if members of the public find that speech stacked with librarians and staff instead of parents. offensive,” said O’Neill’s lawyer, Shannon Liss-Riordan. McNamara, who schools her children at home, said “That right extends to police officers.” Christian parents should pull their kids from the “pagan The State Police had made O’Neill a conditional job school district.” “This book is harmful . . . it shows teens offer November 21, but rescinded it with a terse letter committing sins,” McNamara said. January 24 after performing a background check. The book originally was removed from middle school A State Police representative, Captain Robert Bird, libraries in 1997 after McNamara complained about its sex- would not comment on O’Neill’s suit, but said the head of ual content, profanity and depictions of drug use. Devine the State Police must approve any outside employment for appealed after waiting the required two years. A district a trooper. “It can’t interfere with the member’s duties,” committee recommended reinstatement, but the book stayed

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off the shelves when the school board deadlocked 3-3. This turned on appeal by the School Board. Culver declined to time, all the district’s middle school and high school librar- comment after the meeting on whether she would appeal ians joined Devine in challenging the ban. The book is the decision. allowed in the high school libraries. In her complaint to the district, Culver said the books Nearly thirty of the fifty people in attendance spoke, should be removed because they contained photographs of with about two-thirds favoring the book’s return. scantily clad women for “sexual entertainment.” She said Supporters argued that the book is a cautionary tale that boys in her school were making special trips to the library helps provide teens with information and shows them the solely to look at the “girls in Guinness.” consequences of their actions so they can make good deci- “No other book in our library displays sexual pictures sions. Opponents said it encourages promiscuity, profanity like this,” Culver said. Holding up a picture of the book’s and drug use. buxom “most downloaded woman,” she said, “I ask, ‘Is Parents who want their kids reading Forever should go this appropriate for children?’” to the public library or buy it, L. Dean Hufsey of South Some residents and teachers supported Culver’s Elgin said. Forever sanctions promiscuity and sin, and request. About a dozen people spoke at the hearing, almost therefore it shouldn’t be on the middle school shelves at evenly divided in their opinions on the issue. Waukesha taxpayer expense,” Hufsey said. resident Janet Maier said serial killer Ted Bundy was Gina Palmisano, an eighth grader, said she knows oth- moved to murder by viewing pornography. “It could start ers her age who are having sex and using drugs. Parents with one picture or one magazine,” she said. who think their children are not exposed to such things are But others worried about the precedent that removing fooling themselves, she said. The book can help teens talk the books would set. If the district starts with Guinness, to their parents, she said. Doug Heaton of Elgin said he did then any book that has something that offends someone not want his daughter coming across the book, which he could be next, said Sonia Evans, a sixth-grade teacher at called smut, while browsing the library stacks. The district Bethesda Elementary School. “Then, no book in our library must find a way to prevent that, he said. is safe,” she said. But Streamwood resident Lisel Ulaszek called that cen- Pleasant Hill Elementary School parent Quin Ayers said sorship. “It is not their right to act as a moral compass for his 7-year-old son brought home a book on Martin Luther the entire community. . . .What one person finds objection- King, Jr., that included pictures of lynchings. He was dis- able another person might find enlightening.” turbed by those photos, he said, but wouldn’t want to see Forever ranks eighth among the American Library the book eliminated because of them. Association’s most challenged books of the past decade, “Do we really have to be known as the only school to with 42 written complaints. For each recorded complaint, ban the Guinness book or remove it?” Ayers said. “This is there are an estimated four or five more that go unreported. not a record I would like to be associated with.” Reported in: Chicago Tribune, December 13; NCAC Press In a brief discussion prior to voting, members of the Release, January 23. Consideration Committee revealed some of the reasons they rejected Culver’s request. The School District’s “phi- losophy on educational materials” makes a distinction between books that are available in libraries for student Waukesha, Wisconsin choice and those that are required for use in classrooms, The Guinness World Records books may stay in public two members pointed out. “Maybe freedom of choice is elementary school libraries throughout the city, a School part of becoming a responsible citizen,” said Barbara District committee unanimously decided March 21. The Kasten, a guidance counselor at Butler Middle School. nine-member Consideration Committee’s decision fol- Reading specialist Gloria Esser said Guinness’ short lowed a sometimes impassioned public hearing, during passages might be something she could use to get “reluc- which the Guinness books were alternately referred to as tant readers,” who are discouraged by long encyclopedia “thinly veiled pornography” and valuable reference tools. entries, to start reading. “I’ve seen books like this really “This is not about banning the book. It is simply recogniz- hook young readers,” Esser said. ing the book is not for children,” said Banting Elementary After the meeting, Central Middle School teacher School teacher Mel Culver, who in February asked the dis- Thomas Mancuso said the debate over Guinness “raises trict to remove copies of the Guinness World Records some important issues” and that the publisher has some books for 2000, 2001 and 2002 from elementary libraries. explaining to do about the overly large photographs of sexy The Consideration Committee—a group of teachers, women in its books. But denying students access to the librarians and school administrators that handles requests book might have attracted even more interest over it than to remove materials and books from schools—disagreed. currently exists among elementary boys, he said. “It cer- Its vote will keep Guinness World Records books in tainly brings more attention to it,” he said. Reported in: libraries at the seventeen elementary schools, unless over- Milwaukee Journal Sentinel, March 22.

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art college Honolulu, Hawaii Galveston, Texas The City of Honolulu will display a painting of a nude A Texas community college granted tenure March 25 to a woman on a crucifix that it had banned from Honolulu Hale self-described Marxist professor despite protests from some a year ago, according to the settlement of an American local residents who said the professor is a threat to the area’s Civil Liberties Union lawsuit. “This is a year overdue,” conservative views. David Michael Smith, a government said artist Daria Fand, who painted the work, titled “Last of professor at the College of the Mainland, had written several the Believers.” The ACLU sued the city after Fand was told guest columns for local newspapers, some of which ques- she could not display her work in the “Art of Women” tioned whether U.S. foreign policy played a role in events exhibit last March. Initially, city officials told Fand her such as the September 11 terrorist attacks. His views had piece was inappropriate for children. Later, they told her it drawn the ire of some local veterans and other conservatives, was banned because of its size and because it was submit- one of whom is a former professor at the college. The former ted late. professor, Howard Katz, led an informal group of local resi- The ACLU sued the city in August. As part of the set- dents who protested Smith’s tenure bid. tlement announced March 6, the painting was displayed at “He stands for everything I can think of that we don’t a March 16-31 Honolulu Hale exhibit featuring the art of want our kids taught,” said Ray Holbrook, a local resident women. “This is certainly a vindication of the principle that who spoke at a meeting of the college’s Board of Trustees. the government cannot censor art or speech based upon its Homer M. Hayes, president of the 3,000-student college, said content,” said ACLU legal director Brent White. that Smith’s opponents accused him of brainwashing his stu- Last year, Fand was one of several artists invited by the dents and encouraging them to protest the war in Afghanistan. Honolulu County Committee on the Status of Women and “There was a distaste for his political views, which had the Mayor’s Office on Culture and the Arts to display her built up over some time,” said Hayes. “But what I’ve always paintings at the exhibit. Marylucia Arace, chair of the com- heard from students is that he encourages a free exchange of mittee, said Fand’s entry was submitted more than two ideas and, yes, that does include challenging them to think weeks after the deadline and measured 5 feet by 3.5 feet. about their positions and where they stand.” Arace said the largest size accepted for the exhibit was 18 Smith, whose tenure bid was supported by his departmen- inches by 24 inches. But Fand said larger paintings and tal colleagues and by Hayes, said he does encourage students works involving nudity were displayed at the show. who oppose the war to protest, but denied that he brainwashes Furthermore, Fand said, she and other artists submitted students. “The average age of our students here is 28,” he other paintings after the deadline that were featured in the said. “These students are grown and they are very much their exhibit. Fand said she believed her painting was banned own people.” based on “the controversial nature of the woman being The college’s seven-member board unanimously voted to Christ-like.” grant Smith tenure at its regularly scheduled meeting March “I simply used a cross as a metaphor. It wasn’t a com- 25, which was attended by both protesters and students who mentary on Christianity,” Fand said. “Even if I had some supported Smith. Hayes called the situation “a classic sort of religious parallel, I still think the city needs to demonstration of why tenure exists.” remain objective regardless of what their interpretation But Holbrook, a veteran and retired county judge, main- was. It’s really up to the observer to make that decision.” tained that it’s “a classic example of what’s wrong with these White noted: “The artist’s portrayal of a nude woman colleges and universities.” He said he would try to encourage does not make the censorship any more acceptable. In fact, more people who he feels reflect the community’s views to the ‘Art of Women’ exhibit itself contained other paintings run for the college’s locally elected board. “Schools are full of nude women.” of administrators and professors . . . who are opposed to City officials decided to allow the piece to be displayed American culture and the American government. I’m just in this year’s exhibit “in the interest of moving on,” said saying that there ought to be a balance,” he said. Reported in: city representative Carol Costa. As part of the settlement, Chronicle of Higher Education online, March 27. the city was expected to pay the ACLU $5,000 in attorneys’ fees and costs. The city also will suspend a part of its exhibit application form until it creates a policy that pro- hibits content-based discrimination. “The First Amendment protects even controversial or etc. offensive speech,” White said. “Rather than risk offending Gainesville, Florida certain individuals, the city deprived Fand of her constitu- The state of Florida said March 14 that a Gainesville man tional rights and all of us of the opportunity to view the can keep his personalized license plate that says “ATHE- work of a fine artist and to make up our own minds about IST.” Prompted by complaints, the Department of Highway the piece.” Reported in: Hawaii Star-Bulletin, March 7. Safety and Motor Vehicles declared in February that the tag

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was “obscene or objectionable,” and ordered Steven Miles The DMV has canceled 57 tags in the last three years. to ship it back. Miles called the American Civil Liberties Other than “ATHEIST,” only one was theological in nature. Union instead. After a story about the recall appeared in the It was “SONAGOD.” Many of the others involved exple- St. Petersburg Times, department higher-ups reversed a tives or sex acts. The state has issued many tags with reli- supervisor’s decision to cancel the tag. gious references. Carol Sakolsky of New Port Richey used The DMV will now form a committee to review all tags to have one on her Toyota Celica that said, “JESUS.” She “that fall into a gray area” before they are yanked, said sold the car three years ago and the tag went with it. spokesman Robert Sanchez. He said the “ATHEIST” tag Sakolsky thinks Miles should be able to keep his plate even would have qualified for committee review. though she doesn’t agree with his viewpoint. “I’m elated,” said Miles, who received a call from a “If people can have “JESUS,’ I guess he can have that, DMV official informing him that he could keep his tag. too,” she said. “Now I don’t have to fight for what should be mine in the As news of the DMV’s initial decision to cancel the tag first place.” The ACLU was ready to step into the fray if spread across the Internet, Miles received an electronic Miles didn’t get to keep the tag on his 1994 Toyota Camry. show of support, much of it from atheists. Miles is an elec- Howard Simon, executive director of the ACLU of Florida, trical engineer at the University of Florida and vice presi- said the state’s decision to yank the license plate was dent of Atheists of Florida. One supporter who called Miles “absurd,” and revealed a lack of standards. was Rob Sherman, a resident of Buffalo Grove, Illinois. He “Apparently the standard is whatever happens to pop also has a license plate that says, “ATHEIST.” When into the head of DMV at any particular time,” Simon said. Sherman applied for the tag in 1987, he was turned down He said the committee should write and publicize “rational by the Illinois DMV. Sherman said he had to appeal to the guidelines” for determining what qualifies as objection- secretary of state, who backed him. able. Ellen Johnson, president of American Atheists in The complaint that sparked the DMV’s initial disap- Cranford, New Jersey, a First Amendment public policy proval was a typed letter dated February 11: “We are all group, called the DMV’s decision “an absolute victory.” Florida residents and we saw the Florida tag “Atheist’ on a “This is about freedom of speech and freedom of con- vehicle the other day. We are writing to say we find this tag science,” she said. offensive and we do not think it should be on a vehicle.” It Said Miles, contentedly: “Actually, we didn’t have to fight was signed by twelve people. very hard.” Reported in: St. Petersburg Times, March 15. „

(censorship dateline . . .from page 121)

anti-terrorism laws. After a short hearing at a court in “propaganda against the indivisible unity of the Turkish Istanbul February 13 the publisher attributed his acquittal state,” a charge that has been used on a number of occa- to the presence in the courtroom of Chomsky, a professor sions against people who speak out in defense of the rights of linguistics at the Massachusetts Institute of Technology. of the Kurds. But when the trial opened, the prosecutor, The linguist turned the case into an embarrassment for the Bekif Rayir Aldemir, told the court that he understood that Turkish authorities, at a time when they are pushing hard to “the book did not seek to divide the Turkish nation” and be accepted into the European Union, by declaring that he that he accepted defense lawyers’ demand for an acquittal. was ready to be named a co-defendant. Some fifty reporters Lawyers for the defense had requested that Chomsky be covered the opening of the trial. included in the case as a co-defendant, but the prosecution The book, American Interventionism, published in declined to charge him. The linguist said that he was will- Turkish last September, is a collection of essays by ing to be a co-defendant “if it is a way of trying to protect Chomsky on U.S. foreign policy. The prosecutor took issue the human-rights activists and others here, and to bring the with several short passages that accuse Washington of sup- freedom-of-speech issue and the Kurdish issue both to pub- porting human-rights abuses, including “intensive ethnic lic attention.” He added that he hoped the court’s decision cleansing,” committed by the Turkish government against would “be a step toward establishing the freedom of speech Turkey’s large Kurdish minority. The comments were in Turkey that we all want to see.” drawn mostly from a lecture that Chomsky gave at the Tas said that despite his acquittal, he expected to be University of Toledo, in Ohio, last March. convicted on some of the charges he is facing in six other Fatih Tas, owner of the Aram Publishing House, in cases stemming from books he has published. Reported in: Istanbul, faced a year’s imprisonment on the charge of Chronicle of Higher Education online, February 14. „

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(CIPA trial . . . from page 109) matter is whether or not Congress has the power to decide how to use its money.” the American Way has served as supporting counsel for the The first attempt by Congress to control online pornog- ALA challenge. raphy, the 1996 Communications Decency Act, was thrown A key plank in the case against CIPA is the limitations of out by the Supreme Court as an infringement of free speech. filtering software products such as Cyber Patrol, Smart The second, the 1998 Child Online Protection Act, remains Filter, Web Sense and N2H2, which are designed to block sidelined by an injunction with the U.S. high court due to access to Web sites deemed harmful to children under 17, issue a final opinion by midyear. Both would impose crimi- including more than 100,000 sites with sexually explicit nal penalties on violators. content. Even the government’s attorneys conceded that no The plaintiffs in ALA v. United States argued: product on the $250 million filtering software market can ● screen out objectionable Web sites without also blocking CIPA abolishes a community’s control of its library poli- constitutionally protected sites, including those of Sports cies. ● Illustrated, Planned Parenthood, and Salon.com. Filters simply do not work, and CIPA does not protect The law’s “terms, if you will, are a sham. Everybody children ● knows you can’t comply with its terms,” American Civil CIPA violates the Constitution because it makes access to Liberties Union Attorney Chris Hansen told the court. funding and discounts for Internet use in public libraries U.S. District Court Judge Harvey Bartle appeared to contingent on accepting content and viewpoint restric- agree. “Every witness has testified that the statute can’t be tions on constitutionally protected speech. ● applied according to its own terms,” he said. Judges also Poor communities and people with disabilities will be seemed concerned that the decision about which of the affected disproportionately if libraries are forced to choose eleven million Web sites deserved to be blocked is made by between federal technology funding and censorship. anonymous corporate executives who consider their choices The law constitutes “classic prior restraint on speech,” to be vital trade secrets. concluded Ann Beeson, staff lawyer for the American Civil “The nameless and faceless,” intoned U.S. District Court Liberties Union. Judge John Fullam. “What right does the government have Those in favor of the filtering law say its opponents mis- to require this kind of filtering system?” characterize the law and the software. Senator John McCain CIPA, the third attempt by Congress to control online (R-AZ), who co-sponsored the bill, has said it “allows local pornography, was theoretically designed to weather communities to decide what technology they want to use, and free-speech challenges by seeking only to cut off federal what to filter out, so that our children’s minds aren’t polluted.” library funds rather than impose direct censorship restric- Over the past four years, more than $255.5 million has tions. At stake for the nation’s 16,000 public libraries are been disbursed to more than 5,000 public libraries through hundreds of millions of dollars in subsidies, such as grants the federal E-rate program, which provides discounts on provided under the Library Service and Technology telecommunications and Internet-related technologies. The Act,which are used to automate services and pay for Internet Library Services and Technology Act has distributed more access. But the case also goes to the heart of the role libraries than $883 million to libraries nationwide since 1998. play as an open source of information in their communities. The trial began March 25 in the U.S. District Court of The judges expressed empathy for communities that Eastern Pennsylvania in Philadelphia, with Candace Morgan, want to protect children from an aggressive commercial former president of the Freedom to Read Foundation, the pornography industry intent on luring young customers. legal defense arm of the ALA, as first witness. Morgan testi- However, they also recognized the constitutional dangers of fied to her library’s Internet-use policies and the mission of leaving censorship decisions to the local majority opinion. the public library to provide patrons with access to the infor- Among the legal issues before the panel is whether judges mation they want and need. can overturn CIPA without also branding unconstitutional the “Candy clearly brought home the point that libraries filtering systems already in place at libraries in Greenville, have not been waiting for the federal government to come up South Carolina, and Tacoma, Washington, which both pro- with a solution to concerns about inappropriate content on vided evidence and testimony for the government’s defense. the Internet,” said Judith Krug. “Since the library introduced “There is no constitutional right to immediate, anony- computers and public Internet access in 1995, policies and mous access to speech, for free, in a public library,” Justice procedures have been created, then re-evaluated as Internet Department Attorney Rupa Bhattacharyya said in a spirited use changed and grew.” defense of CIPA that equated filtering software usage to the Morgan testified that her library, the Ft. Vancouver, choices libraries make selecting books for their collections. Washington, Regional Library, currently offers users three “Even if you assume that libraries have a right to provide options: unfiltered access, filtered access and no access. unfettered access to the Internet, they don’t have a right to Parents may make these access decisions for their minor do so with a federal subsidy,” she added. “The crux of this children. Approximately 80 percent of library users select

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unfiltered access, according to Morgan, compared to 19.9 nologically incapable of making the fine distinction between percent for filtered and 0.1 percent for no Internet access. information that is ‘good’ and that which is ‘bad.’ They do Complaints about Internet content made up less than one per- not work today, and they will not work in the future.” cent of all comments/complaints to the library. Nunberg also testified to his research and writing in the “Libraries are local institutions—our policies are created magazine The American Prospect. In his article “The locally, and more than 80 percent of funding is local,” Krug Internet Filter Farce,” Nunberg explains how and why filters added. “It doesn’t make sense for libraries or their users to fail. (To see the article, go to www.prospect.org/print/V12/1/ be forced to pay for commercial blocking technology—par- nunberg-g.html.) ticularly when we know that it restricts legal and useful The judges were visibly entertained by a list of terms that information and allows objectionable material to get through CyberPatrol appears to use to cull pages from the Internet to in significant amounts.” be included in its database—which includes categories not Other librarians testifying on the first day were Ginnie just for pornography, but for other areas like gambling and Cooper, library director of the Multnomah County, Oregon, hate speech. The list was submitted to the court by Susan Public Library; Sally Reed, former ALA Executive Board Larson, director of content for SurfControl, which sells member and director of the Norfolk, Virginia, Public Library, CyberPatrol. now head of the Friends of the Library USA (FOLUSA); and “It’s a list of astonishing breadth, including words that Peter Hamon, director of the South Central Library System in seem to have no sexual suggestion,” Chief Judge Becker Madison, Wisconsin. said. “It’s very neutral. It’s got Democrats and Republicans. “I feel we had a very strong beginning to this nine-day The number of categories here are astounding: Protestant, trial,” said ALA President John W. Berry. “All of the librarians Catholic, Jews, Muslims,” Becker said. spoke loudly and clearly about the incredible use of library Also on the stand for the ALA was Christopher Hunter, resources for education, recreation and entertainment— a doctoral candidate at the Annenberg School for online and in print. We heard that even a well-wired com- Communication of the University of Pennsylvania. Hunter munity like Portland (OR) has only about half of households has tested the effectiveness of four popular blocking soft- with home computers. Libraries help bridge this digital ware programs and analyzed more than forty other studies of divide—particularly in poor and rural communities.” blocking software. He testified to the overblocking and On the trial’s second day, Dr. Geoffrey Nunberg, a lin- underblocking common in commercial software. (His mas- guist and expert on the Internet and automated classification ter’s thesis can be found at: http://www.ala.org/alaorg/oif/ systems, discussed his research at Stanford University and hunterthesis.html.) Xerox PARC that outlines the limitations of blocking soft- “While many libraries offer a filtering option to their ware, concluding that precision is “well beyond the capabil- users, it clearly doesn’t make sense to mandate their use in ity of the technology.” public libraries,” Berry said. “Instead of relying on blocking Judge Bartle said: “You not only have new pages added to technology, we must teach our children, not only the differ- the Web every day, you have (legal interpretations) changing. ence between right and wrong, but also how to use informa- It’s a moving target.” Judge Fullam added that “by and large, tion wisely. There are no quick fixes. Parents and librarians under-blocking is not a constitutional issue. Over-blocking is.” need to continue working together.” Chief Judge Becker asked the Stanford linguist how dif- Also taking the stand March 26 were: Dr. Joseph Janes, ficult it would be to write a program that “blocks only web- assistant professor at The Information School of the sites that would have been judicially determined to be University of Washington in Seattle; Emmalyn Rood, a obscene.” Nunberg replied, “That would be easy.” But Judge 16-year-old library user; Mark Brown, a Philadelphia Free Bartle added: “All someone would have to do is change it Library user; Dr. Michael Ryan, director of the Annenberg slightly and it would be no longer be what the court adjudi- Rare Book and Manuscript Library at the University of cated as obscene.” Pennsylvania in Philadelphia; and Dr. Jonathan Bertman, Nunberg read through a catalog of sites that he verified had president and medical director of plaintiff Afraid to been wrongly blocked by filtering software. On his list: A Ask.com, Inc. of Saunderstown, Rhode Island. “kitty porn” site featuring nude felines, Planned Parenthood’s Rood testified that her attempts to research her sexuality Teen Wire, the Sony Pictures site devoted to the comedy The in the public library before coming out as a lesbian would Opposite of Sex, The Institute for Sex Research, and a page have been prohibited by smut-filtering technologies. The titled “Pen Is Mightier” because it compresses to include the sixteen-year-old daughter of a public librarian, Rood, who word “penis” in the title. One erroneous block was a rant lives in Portland, Oregon, is a plaintiff in the case. directed at Sen. Orrin Hatch (R-UT) criticizing federal legis- “It would pretty much have an entirely detrimental lation supporting library filtering. effect,” Rood said of CIPA. She explained that lesbian, gay “With more than 27 million Web sites, and the average and bisexual youth rely on the relative anonymity of the Web page turning over every 44 days, the Internet is a very Internet more than their peers: “One of the main problems for dynamic tool,” said ALA President Berry. “Filters are tech- sexual minority youth is the sense of isolation that we feel.”

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She said that three years ago, while exploring her sexual override the software’s decision when a visitor or staff has leanings, she found that the anti-porn software in her discovered a site was wrongly blocked, he said. The school mistakenly labeled sites like Lesbian.org as porno- Tacoma library also gives any patron whose site has been graphic. blocked the option of looking at a text-only version—even “It was incredibly helpful,” Rood testified, describing if it’s a pornography site. That would be allowed under the Internet sites and chat rooms she visited. “At that time CIPA, he said. of your life, you really feel isolated and alone, and it was Lemmons, of eTesting Labs, said tests of four filtering something I didn’t feel comfortable talking about.” systems found the systems correctly blocked from nearly Brown, a University of Pennsylvania graduate student, 83 percent to 98 percent of pornographic sites and incor- testified that he has social anxiety disorder and would not rectly blocked from none to 7 percent of unobjectionable have been comfortable asking for information on cancer sites. He acknowledged to the judges, however, that when surgery and breast implants—information he wanted for trying to “fool” the filters to tag inoffensive Web sites as his ill mother. He said he was able to get the information pornography, testers “stayed away from the gray areas” and because he researched the Internet on a computer at the used straightforward sites that contained not a hint of racy Free Library of Philadelphia’s Central Library. content. Among those who say their Internet sites would be hurt “Well, then, how good is the test?” asked Judge Bartle. by the law is Bertman, a Rhode Island family physician and “It may be a real easy test, depending on what you pick.” Brown University medical professor, who about five years The government’s next three witnesses, who appeared ago started afraidtoask.com. A medical information Web the following day, were: Beverly James and Norman Belk, site, afraidtoask.com also offers photographs, Bertman of Greenville Public Library, who testified about their said, selected to the human body’s “wide range of normal,” library’s use of blocking software, and Blaise Cronin, dean including such things as size and shape of genitalia, hair of the School of Library and Information Science at and skin characteristics, and stature. Indiana University, who told the judges that even tradi- Bertman told the judges that his site has had 1.5 million tional indexing was imperfect. pages viewed from 300,000 visitors and that user surveys “But in the rhetoric and controversy of this case,” have showed that most visitors are anonymous, 25 percent Cronin said, “filtering software is being held to a consider- minors, and 25 percent young adults. “If a 14-year-old is ably higher standard than the labeling and cataloging tools concerned that a rash is possibly herpes,” Bertman said, “I that are already in effect.” think it’s unlikely that they’ll go to the librarian and ask “Once again, government witnesses conceded key them to unblock a site for herpes.” points in the ALA’s case,” said ALA attorney Chmara. The government began presenting its case on the trial’s “Like Ft. Vancouver librarian Candace Morgan, Mr. Cronin third day. Three witnesses took the stand: David Biek, of testified that legal information should be freely available the Tacoma Public Library, who testified about his library’s on the Internet in libraries for users.” use of blocking software; Chris Lemmons, of eTesting After a weekend recess, the trial’s second week began Labs, who testified to his firm’s testing of four popular fil- April 1 with three more government witnesses: Don tering systems; and David Sudduth, of Greenville, South Barlow, of Westerville, Ohio, Public Library, who testified Carolina, Public Library, who testified about his library’s about his library’s use of Internet filters; Don Davis, of the use of blocking software University of Texas at Austin, who testified to the roles “Of particular note yesterday was the concession from libraries play; and Cory Finnell, an independent consultant the government’s own expert witness that all filters neces- formerly employed by blocking technology firm N2H2, sarily overblock and underblock online materials,” said who testified to his testing of blocking systems used at ALA attorney Theresa Chmara of Jenner and Block. “This Westerville; Greenville, and Tacoma public libraries. confirms the testimony of ALA experts, and confirms that “As have all of the technical witnesses before him, Mr. legal and useful information is being restricted by blocking Finnell testified to the imperfection of blocking technology software.” in differentiating legal and useful information from illegal Biek said librarians in Tacoma had established policies speech,” commented Chmara. “Mr. Finnell tested the sys- and procedures to remedy cases in which the software tems used at all three of the libraries testifying for the gov- blocked something it shouldn’t. He said filters had “made ernment, and found significant overblocking.” it possible for us to continue to deliver services effectively, The morning of April 2 began with the much-anticipated including the Internet” and keep pornography away from expert testimony of Benjamin Edelman, a computer expert patrons. and consultant who currently works for the Berkeman Center Biek contested arguments from librarians who testified for Internet and Society at Harvard Law School in Cambridge, that filters were inexact. He told the judges that a review of Mass., and concluded with librarian Mary K. Chelton. his patrons’ Web habits found that 95 percent of the denied Edelman provided expert testimony about his research sites were blocked correctly. The library also can easily and documentation regarding blocking programs. His

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research documents 6,777 sites blocked by at least one of local agencies that set policies and procedures at the the four most popular blocking programs. He testified to community level. CIPA demands these institutions the fact that these blocking programs persistently block a accept a federal mandate in return for vital technology significant portion of content on the Internet that does not funding. meet the programs’ self-defined category definitions. “There is much at stake in this case. Librarians play a Chelton, an associate professor of the Graduate School unique role in our society: we bring people together with of Library and Information Studies at Queens the information they need and want,” said ALA President College/CUNY, testified to the purpose and function of Berry. “Librarians do this by making sure libraries have libraries. Author of Excellence in Library Services to information and ideas across the spectrum of social and Young Adults 3: The Nation’s Top Programs, published by political thought, so people can choose what they want to ALA Editions, Chelton shared her experiences from more read or listen to or view. The CIPA mandates are counter to than twenty years of service in public libraries. “Young the mission of our public libraries.” adults are interested in many topics that make adults nerv- Proposed findings of fact and legal briefs were due to ous—things like anorexia, sex and divorce, to name a the court by April 11, and each of the parties have one few—but this is normal curiosity and the very reason opportunity to respond to these findings and briefs by April librarians must provide excellent service for young adults.” 18. The judges will likely rule by early May so libraries “The goal of collection development is to provide as will have time to prepare before E-rate and LSTA deadlines much information as possible to meet the diverse interests fall. The ALA will continue to post updates as they become of a community,” OIF Director Krug commented. “Mary available at www.ala.org/cipa. Reported in: www.ala.org/ K. clearly showed the difference between the inclusive cipa; New York Times, March 25, 31; Philadelphia Inquirer, process of library selection of materials and the exclusive March 27, 29; Wired News, March 27. „ process of blocking technology. As a committed young adult librarian and advocate for youth services, Mary K.’s voice is an important one in this debate—which will ulti- mately affect public access for youth and adults.” (from the bench . . . from page 128) Anne Lipow, a librarian and library consultant for more than forty years, also took the stand. She had reviewed cer- preclude legislators from drafting a statute that could avoid tain Web sites Edelman found to be blocked and deter- the constitutional problems of the current law. mined that they contain content of use or interest in a pub- Justice Janice Rogers Brown concurred separately to lic library. She further testified about how the Internet has make clear that the court’s ruling isn’t meant to indicate that changed reference services and about the problems posed “crime does pay.” Victims can still file civil suits to recoup by CIPA’s requirement that library users request permission damages, she said, courts can compel restitution from to access blocked sites for “bona fide research.” sources including but not limited to a criminal’s story- On April 3, the government brought to the stand David telling, and statutes can be drawn to compensate victims Ewick, of Fulton County, Virginia, Public Library, who tes- without violating free speech. tified to his library’s use of Internet blocking technology. In “The First Amendment protects schlock journalism as addition, Cory Finnell, who previously testified, was called well as great literature. Thus, Mr. Keenan has every right to as a rebuttal witness by the government. The ALA and tell his story,” Brown wrote. “That does not mean the First ACLU did not call any rebuttal witnesses. Amendment guarantees he can keep the money. And therein Final arguments were heard on Thursday, April 4. lies the tale.” Attorney Paul Smith of Jenner and Block represented the Keenan’s lawyer, Stephen Rohde, expressed delight that ALA in closing; arguments from both sides lasted about the ruling found the law violated both the state and federal three hours. constitutions. “We believe it, therefore, is insulated from The ALA legal case centered on four main points: any future appellate review because of the independent state ● Filters don’t work. Blocking technology restricts legal grounds of the California Constitution,” he said. “However, and useful information, while letting through illegal I believe the U.S. Supreme Court would readily agree with materials. this decision.” ● Because blocking technology pervasively and necessar- Rohde also said he believes that on remand the lower ily restricts legal information, CIPA is unconstitutional. court will dismiss Sinatra’s complaint and lift the injunction ● Libraries should not be forced to choose between fund- placed on Keenan’s plans. “Columbia Studios,” he said, ing and censorship. Library users, particularly those in “will be free to pay Barry for the movie deal.” poor and isolated communities, will be the losers in this Richard Specter, warned the justices at oral argument equation. that if they found the law unconstitutional, it would be “a ● CIPA abolishes local decision making. The bulk of death knell for victims’ rights statutes.” Reported in: The library funding is local, and libraries are governed by Recorder, February 22. „

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intellectual freedom bibliography Compiled by Beverley C. Becker, Associate Director, Office of Intellectual Freedom.

Baker, Russ. “What Are They Hiding?” The Nation, vol. 274, no. 7, ———. “Judge Ross vs. Free Speech.” Village Voice, vol. 47, no. February 25, 2002, p. 11. 10, March 12, 2002, p. 31. Boston, Rob. “Witch Hunt: Why the Religious Right Is Crusading Holmes, Cecile S. “The Church State Puzzle: School Districts to Exorcise Harry Potter Books from Public Schools and Struggle to Put Pieces in the Right Place.” American School Libraries.” Church & State, vol. 55, no. 3, March 2002, p. 8. Board Journal, vol. 189, no. 4, April 2002, p. 34. Carlson, Scott. “Librarian Calls for Screening Public Access to Index on Censorhip, vol. 31, no. 1, January 2002. Nuclear Documents.” The Chronicle of Higher Education,vol. Jones, Rebecca. “Pressing for Their Rights: Is Censorship the 48, no. 27, March, 15, 2002, p. A37. Lesson We Should Be Teaching Student Journalists?” American Cotts, Cynthia. “Whistle-Blower Blues: Is the Writers Union School Board Journal, vol. 189, no. 3, March 2002, p. 24. Censoring Its Critics?” Village Voice, vol. 47, no. 11, March 19, Kaplan, Esther. “Spies in Blue: NY Cops Pushed Legal Limits in 2002, p. 26. WEF Protests.” Village Voice, vol. 47, no. 7, February 19, 2002, ———. “Who’s Afraid of Mickey Mouse? When Disney p. 29. Complains, Sack the Reporter.” Village Voice, vol. 47, no. 12, Kingsolver, Barbara. “My Say: It’s My Flag, Too.” Publishers March 26, 2002, p. 12. Weekly, vol. 249, no. 5, February 4, 2002, p. 19. Dowling-Sendor, Benjamin. “School Law: Who Has the Right to Landau, Barbara. “Educating for Citizenship.” Education Weekly, Choose? Teachers Have Limited Authority to Make Curricular vol. 21, no. 25, March 6, 2002, p. 40. Judgments.” American School Board Journal, vol. 189, no. 4, Massing, Michael. “Comment: How to Honor Pearl.” The Nation, April 2002, p. 52. vol. 274, no. 10, March 18, 2002, p. 6. Dreyfuss, Robert. “Colin Powell’s List: The Targeting of ‘Terrorist’ Pipkin, Gloria and ReLeah Cossett Lent. At the Schoolhouse Groups Harks Back to Earlier Repression of Dissent.” The Gate: Lessons in Intellectual Freedom. Portsmouth, N.H.: Nation, vol. 274, no. 11, March, 25, 2002, p. 16. Heninemann, 2002. Graham, Patterson Toby. A Right to Read: Segregation and Civil Scott, Joan Wallach, Robert O’Neil, Ahmad Dallal, Melvin T. Steely, Rights in Alabama’s Public Libraries. Tuscaloosa: University of William Friedheim, and Stanley N. Katz. “September 11 and the Alabama Press, 2002. Academic Profession: A Symposium.” Academe, vol. 88, no. 1, Hentoff, Nat. “Big John Wants Your Reading List: Has the Attorney January-February, 2002, p. 18. General Been Reading Franz Kafka?” Village Voice, vol. 47, no. Walsh, Mark. “Supreme Court Justice Initiates a National Civics 9, March 5, 2002, p. 27. Lesson.” Education Week, vol. 21, no. 21, February 6, 2002, ———. “Eyeing What You Read: FBI in Libraries and Bookstores.” p. 22. Village Voice, vol. 47, no. 8, February 26, 2002, p. 25. Williams, Patricia J. “Better Safe. . . ?” The Nation, vol. 274, no. 9, ———. “J. Edgar Hoover Lives! FBI Knocking at Your Door.” March 11, 2002, p. 9. Village Voice, vol. 47, no. 7, February 19, 2002, p. 37.

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144 Newsletter on Intellectual Freedom