ACLU challenges ban on Net smut at libraries

WASHINGTON (Reuters) -- A new federal law requiring public libraries to install pornography-blocking software in their computers will soon be tested in court, a leading civil rights group said Monday.

The American Civil Liberties Union said the law, which requires libraries to use the software to filter out Internet material deemed offensive to minors, amounts to federal censoring of the nation's 16,000 libraries.

"This is the first time since the development of the local, free public library in the 19th century that the federal government has sought to require censorship in every single town and hamlet in America," ACLU attorney Chris Hansen said in a statement.

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The measure, introduced by Sen. John McCain, an Arizona Republican, was passed Friday by Congress as part of its final spending bill. It is expected to be signed into law by President Clinton later this week.

A spokeswoman for the Senate Commerce Committee, which McCain chairs, said she was not surprised by the move.

The bill "was carefully crafted to pass constitutional muster," spokeswoman Pia Pialorsi said. "We fully expected a legal challenge from the ACLU and the American Library Association."

The two groups, along with conservative civil-libertarian organizations, opposed the bill on First Amendment grounds.

The library association's head lobbyist said it was considering a legal challenge. "We are looking into what type of legal action (we will take) and how we would do it, but we have not joined the ACLU at this time," Emily Sheketoff, executive director of the group's Washington office, said.

The bill allows for an expedited review process. Any challenge would first be heard by a three-judge panel, then sent straight to the U.S. Supreme Court for review.

Two previous attempts to legislate in this area were struck down in courts on privacy and free-speech grounds.

In 1997 the Supreme Court struck down language in the Communications Decency Act of 1996 that sought to limit access to indecent material.

Congress' second attempt, which also created a panel to examine the issue in October 1998, was prevented by federal courts from being enforced and remains tied up in litigation.

Copyright 2000 Reuters. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

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