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PRESS RELEASE -- People For the American Way Foundation
http://www.pfaw.org/news/

FOR IMMEDIATE RELEASE: August 17, 2000
CONTACT: Media Relations Department at 202-467-4999

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NASHUA LIBRARY BROAD RESCINDS UNCONSTITUTIONAL INTERNET FILTERING POLICY


After a threat of legal action from a local citizens' group, a New 
Hampshire public library board has decided to drop a mandatory, 
one-size-fits-all Internet filtering policy.

Last night, the Nashua Public Library Board of Trustees unanimously 
voted to rescind a policy requiring filtered Internet access for 
every library user.  On June 29, lawyers with People For the American 
Way Foundation and a group of lawyers from New England sent a letter 
to members of the Board of Trustees informing them that they had been 
retained as legal counsel by a group of Nashua citizens opposed to 
the library's unconstitutionally broad and restrictive policy.  The 
New England attorneys included Selena Fitanides and Andrew J. Camelio 
of the Boston law firm of Bingham Dana LLP, as well as Jon Meyer of 
the Manchester firm Backus, Meyer, Solomon, Rood and Branch, as 
coordinating attorney for the New Hampshire Civil Liberties Union.

The letter from PFAWF and its co-counsel charged that the library 
policy violated the First Amendment and subverted the library's own 
mission to serve "the educational, informational and recreational 
needs of Nashua."  The letter pointed out that the library's policy 
would bar citizens from accessing valuable information, such as 
information concerning health issues, and deny parents and families 
their right to make choices regarding their children's use of the 
Internet.  The letter urged the library board to rescind the Internet 
filtering policy or face a legal challenge by the Nashua-based First 
Amendment Legal Defense Fund.

With last night's vote, the screening software, "Surfwatch," will be 
removed from all of the library's computers, except for one in the 
children's room.  The software blocks information in five broad 
categories, which include violence; sexually explicit material; hate 
speech; drugs/alcohol/tobacco; and gambling.  Filtering programs, 
however, are not suited to a system of public access to information. 
Some websites blocked by Surfwatch at the Nashua library included a 
New York Times story on real-life television, a religious article on 
the revelation of God through the birth of Jesus, and a University of 
Washington scientific abstract on frogs - apparently because the 
abstract included the word "sex."

"We are pleased with this important step by the Nashua Library Board 
of Trustees toward ensuring unencumbered access to information 
through the Internet," said PFAWF President Ralph G. Neas.  "It is 
our hope that the library's action will now allow all of its patrons 
the right to access information without government interference."

"I'm happy that the Nashua Library Board of Trustees has finally 
voted to start to bring its library policy into line with the Bill of 
Rights," said Art Ketchen, president of the First Amendment Legal 
Defense Fund.  "We will be watching to see what kind of policy the 
board now uses; but taking off filters on all the adult terminals is 
a step in the right direction."

In a case decided in federal court last year, a similar Internet 
filtering policy in Loudoun County, Virginia, was struck down as 
unconstitutional.  PFAWF represented the plaintiffs in that case. 
Additionally, a California state court has thrown out a challenge by 
a library patron who wanted a Livermore library to impose mandatory 
Internet filtering.  In Holland, Michigan, last fall, voters rejected 
an Internet filtering ballot initiative promoted by Religious Right 
organizations.

Learn more about First Amendment rights at:

      http://www.pfaw.org/issues/expression/

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PFAWF Press Releases -- http://www.pfaw.org/news/

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