I found this article and thought it was pertinent to our discussion on Internet filters and intellectual freedom's equal access. The ACLU used a federal statute that was created and enacted into law by groups who wanted to allow bible study during school hours. The ACLU used the same statute to unblock pro-LGTB websites at school. It's the Equal Access Act (enacted in 1984), and it has allowed the ACLU to sue two Tennessee public school districts who have filtered pro-LGTB websites, not anti-LGTB sites.
The article states that, "As the basis for the suit, the ACLU invoked both a federal statute enabling the direct federal-court enforcement of constitutional rights – here, First Amendment rights – and the Equal Access Act, which grants public high school student groups a right to equal access to school resources. "
See more information about the Equal Access Act here:
http://www4.law.cornell.edu/uscode/20/4071.html
Other Tennessee school districts have unblocked the pro-LGTB sites, and since the filtering company's software could block pornography sites separately, there was no argument that the school systems could make for inadvertent access to sexual content. It was also a clear case of "viewpoint censorship" since the anti-LGTB sites were not blocked. It was mentioned in the article that school districts in Indiana had also unblocked the pro-LGTB sites. I wonder if that's the case. If anyone who reads this wants to respond about whether they know if their school district still blocks LGTB sites? The filtering company, called ENA services, still offers the blocking filter to districts that want it. The ACLU might be interested to know if anyone has evidence that their district blocks pro-LGTB sites.
Here is the full Article:
http://writ.news.findlaw.com/hilden/20090605.html
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What an on-point article! Gosh, I cannot stand ignorant people (schools, groups, etc). I guess I cannot stand ignorance. Anyway, I think it is awesome that the ACLU knew how to "work" the system and use already existing laws to accomplish good. Hopefully, word gets out to schools that if they choose to block such websites, the law is not on their side. Great article!
ReplyDeleteNell,
ReplyDeleteI found this article to be extremely interesting and thought provoking. What a perfect example of intellectual freedom being censored. It's sad and frustrating to think a school would allow anti-homosexual websites to be accessed online, yet deny students the equal opportunity to locate and review pro-homosexual sites. What a relief the ACLU stepped in and tackled this situation, hopefully sending a message to other schools who might try to get away with the same filtering fiasco.
Again, great article and post!
I had read about this case in a Tennessee online newspaper as well. Not only was their filter blocking this sites but also the Human Rights homepage along with them. This hindered students from reading about scholarships they could apply and also, the guidance office would not have been able to find these scholarships for their students. How horrible to block pro sites but not anti. I could see if it was obscene but they were support websites not pornography.
ReplyDeleteIt's interesting that the fact of it being viewpoint censorship makes it more serious than just censorship of a specific subject matter. But offering differing viewpoints for controversial topics is vital for the education of students. On the topic of the way schools are handling LGBT issues, there is one school that made headlines for adopting a curriculum for addressing gender identities and sexual orientation. Learn more about it here:
ReplyDeletehttp://www.ebar.com/news/article.php?sec=news&article=3952
It's mentioned in the article how the curriculum was being developed after hearing how derogatory language was being used by students against the gay community.
Schoolyard bullying often involves LGBT students. I remember hearing recently of a student who committed suicide because of that sort of taunting.
Here is what Mental Health America has to say about bullying of gay youth in America:
http://www.nmha.org/go/information/get-info/children-s-mental-health/bullying-and-gay-youth
Schools need to talk about LGBT issues, not censor them like the TN schools have done.
Great example of "viewpoint censorship" that actually has some positive resolution. I am happy to see the ACLU work through legal channels to correct an intellectual freedom violation. I agree with others' comments that students benefit from more information. Without access to varying perspectives, young people will never formulate their own opinions. Even though it can be painful, I hope most parents could accept that such independent thinking is an important step in development to complete the transition to adulthood.
ReplyDeleteAgnes Fusiek
Nell,
ReplyDeleteFor an update on the Tennessee cases see the American Libraries Online article, "Tennessee Schools Unblock LGBT Websites Following Lawsuit: http://www.ala.org/ala/alonline/currentnews/newsarchive/2009/june2009/tennlgbtunblocked060909.cfm or see the YouTube video: http://www.youtube.com/watch?v=95Ppz93cAb4
Thanks,
Michael
Michael:
ReplyDeleteThanks! That was mentioned in my original article (that the sites were unblocked)
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