-Caveat Lector-

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People For the American Way Foundation Press Release
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FOR IMMEDIATE RELEASE:
Thursday, March 4, 1999
CONTACT: Nancy Coleman, David Elliot or Lela Shepard
at 202-467-4999

INTERNET BILL WOULD FORCE SCHOOLS
AND LIBRARIES TO TRADE CONSTITUTIONAL RIGHTS FOR INTERNET ACCESS AID

Proposed Internet legislation would misuse the power of the federal
government's purse strings to restrict adult and student
Constitutional rights and substitute government-imposed censorship
for the judgment of local parents and teachers on how to manage
online access, People For the American Way Foundation warned today.

In hearings before the Senate Commerce, Science and Transportation
Committee, People For the American Way Foundation's Legal Director
Elliot Mincberg spoke out against such legislation, including S.97,
a bill sponsored by Sen. John McCain (R-AZ) that would require any
school receiving federal discounts for Internet service to impose
censoring software on school computers.

"The Internet offers students, teachers and librarians vast
treasures waiting to be mined," Mincberg said. "It is appropriate
for school officials and parents on a local level to develop
acceptable use policies for accessing the Internet. But it is
entirely inappropriate for the federal government to use the power
of its purse strings to force local schools to accept an onerous
censorship policy."

The 1996 Telecommunications Act requires the federal government to
offer discounted Internet access to schools, a discount called E-
rate access. The proposed legislation would attach unacceptable
string to that aid by focing schools, as a condition of receiving
the discount, to impose censoring filters aimed at blocking material
deemed "harmful to minors."

Mincberg explained that the legislation is misguided for three
reasons. First, the courts consistently have struck down government
attempts to restrict Internet access as violations of the First
Amendment. Second, mandatory filtering requirements would discourage
local officials from developing more sensible and effective
alternatives. And third, federally mandated filtering would lead to
numerous lawsuits across the country and erode local control.

"Mandatory Internet filtering in public libraries and schools,
particularly if mandated by the federal government as a condition on
E-rate access, raises serious legal and constitutional problems and
threatens to frustrate the tremendous potential of the Internet,"
Mincberg testified.

PFAWF has a long history of opposing Internet censorship and served
as co-counsel and co-plaintiff in the Communications Decency Act,
which was struck down by the U.S. Supreme Court in 1997. More
recently, PFAW Foundation represented a group of Loudoun County,
Virginia citizens who successfully challenged a public library
Internet censorship policy in federal court.

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People For the American Way Foundation        202 467 4999 phone
2000 M Street NW Suite 400                    202 293 2672 fax
Washington DC 20036                           [EMAIL PROTECTED]
http://www.pfaw.org


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