NY Libraries Under Fire for Allowing Free Access to Porn
By Susan Brinkmann, OCDS
Staff Journalist
Religious leaders and library patrons alike are fuming after a representative of the New York public library system mistakenly said the First Amendment gives their taxpayer-funded libraries the right to provide access to as much smut as their patrons want.
The New York Post is reporting that spokespersons for the New York Public Library system are explaining the "anything goes" Internet policy that rules at the city's 200-plus libraries as being "free speech" and therefore under the protection of the First Amendment.
"In deference to the First Amendment protecting freedom of speech, the New York Public Library cannot prevent adult patrons from accessing adult content that is legal," said New York Public Library spokeswoman Angela Montefinise.
Therefore, "customers can watch whatever they want on the computer" said Malika Granville of the Brooklyn branch.
This policy is infuriating patrons such as Daisy Nazario, 60, who said she was "grossed out" when she found herself sitting next to an elderly man who was viewing porn at the Brooklyn Central Library. The man was using extensions - which were provided by the library - on the sides of his computer to block her view but "I could still hear the voices" she said. "It is very disrespectful to the children."
When the elderly man was approached by The Post, he was described as having "skulked" away after telling the reporter, "I don't want to talk to you. Leave me alone."
Even though the U.S. Supreme Court upheld the Children's Internet Protection Act in 2003, which requires public libraries that accept certain federal subsidies for Internet access to use filters to block access to obscenity, the powerful American Library Association (ALA) has vigorously opposed the use of these protective devices. Even though patrons over the age of 17 can disable the filters, having them in place protects children from using libraries where people are openly accessing porn. But the ALA, which is a private trade association, believes children have a right to access any material regardless of age, including child pornography, bestiality, and sexual torture, and therefore fights these laws wherever possible.
This liberal policy has led to all kinds of problems in the country's public libraries where unlimited porn access is attracting every kind of miscreant, sex offender and child molester who knows they can access smut at the local library. Not surprisingly, this has led to a surge of crimes in libraries such as the 2004 case of an eight-year-old girl who was raped and nearly murdered in the bathroom of a Philadelphia library by a patron who had been accessing porn.
The problem got so bad in Minneapolis in 2003 that twelve librarians filed a hostile work environment suit because of daily exposure to pornography and the poor conduct of porn surfers in their library. They claimed that the screens in their library displayed "virtually every imaginable kind of human sexual conduct" and told the Associated Press that their working conditions were like, "living in hell."
Legal experts say New York City public libraries, as well as many others around the country, have it all wrong.
"The New York City Public Library System is more than ten years out of date and wrong on its porn-on-every-library-computer policy," said Patrick A. Trueman, President and CEO of New York-based Morality in Media.
Trueman, a former justice department employee and expert on pornography law, said that the U.S. Congress passed the Children's Internet Protection Act (CIPA) in 2000 which clarified that public libraries are free, and encouraged, to ban porn from computers without fear of violating free speech.
Even though the New York libraries claim they are following the law "to the letter," Trueman says all libraries that accept federal funding, as the New York City libraries do, must have blocking or filtering measures in place. The protection measures must block or filter Internet access to materials that are: (a) obscene, (b) child pornography, or (c) harmful to minors (for computers that are accessed by minors).
"The New York library authorities seem too much influenced by the pro-porn American Library Association which unsuccessfully and unwisely challenged CIPA," said Trueman.
The U.S. Supreme Court ruled against the ALA in 2003 and stated once again that there is no First Amendment problem in blocking porn at libraries.
"What is the message that the ALA and the New York Library System are trying to convey to patrons, particularly to children?" Trueman asks. "Porn is demeaning, depicts violence, particularly rape, and portrays girls and women as mere sexual objects with no self worth. Parents should storm library board meetings demanding protection from the scourge of pornography and until a policy change comes, keep their kids away."
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