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Frequently Asked Questions (FAQs) Hillsborough County Library Internet-Filtering Case
What freedoms comprise First Amendment "freedom of expression" rights?
Freedom of speech, of the press, of association, of assembly and petition - this set of guarantees, protected by the First Amendment, comprises what we refer to as freedom of expression. The Supreme Court has written that this freedom is "the matrix, the indispensable condition of nearly every other form of freedom." Without it, other fundamental rights, like the right to vote, would wither and die.
Historically, what limits have been imposed on Americans' freedom of expression?
In spite of its "preferred position" in our constitutional hierarchy, the nation's commitment to freedom of expression has been tested over and over again, especially during times of national stress, like war abroad or social upheaval at home. People exercising their First Amendment rights have been censored, fined, and even jailed. Those with unpopular political ideas have always borne the brunt of government repression.
In 1798, during the FrenchIndian War, Congress passed the Alien and Sedition Act, which made it a crime for anyone to publish "any false, scandalous and malicious writing" against the government. It was used by the thendominant Federalist Party to prosecute prominent Republican newspaper editors during the late 18th century.
Throughout the 19th century, sedition, criminal anarchy and criminal conspiracy laws were used to suppress the speech of abolitionists, religious minorities, suffragists, labor organizers, and pacifists. In Virginia prior to the Civil War, for example, anyone who "by speaking or writing maintains that owners have no right of property in slaves" was subject to a oneyear prison sentence.
The early 20th century was not much better. In 1912, feminist Margaret Sanger was arrested for giving a lecture on birth control. Trade union meetings were banned and courts routinely granted injunctions prohibiting strikes and other labor protests. Violators were sentenced to prison. Peaceful protesters opposing U.S. entry into World War I were jailed for expressing their opinions and handing out antiwar leaflets. In the early 1920s, many states outlawed the display of red or black flags - symbols of communism and anarchism. In 1923, author Upton Sinclair was arrested for trying to read the text of the First Amendment at a union rally. Many people were arrested merely for membership in groups regarded as "radical" by the government.
Why is it so important that First Amendment Rights are upheld by public library systems?
A major reason why freedom of speech rights have such a strong foundation in our country is the belief that free availability of information and communication leads to a more informed and more involved populous. Our system of democracy requires that people remain knowledgeable and have the ability to share and spread their beliefs and views. However, differences amongst our population, such as economic and social standing affect people's access to various forms of media and information. The resources available at our public libraries are one way these differences can be equalized.
Who were the groups/individuals who challenged the Internet filtering at issue in Mainstream Loudoun v. Board of Trustees of the Loudoun County Library?
The plaintiffs represented by the ACLU in that case included: The Safer Sex page, operated by Chris Filkins; Banned Books Online, created by John Ockerbloom; American Association of University Women Maryland (AAUW Maryland); Rob Morse, an awardwinning columnist for the San Francisco Examiner; Books for Gay and Lesbian Teens Youth page, created by 18yearold Jeremy Myers; Sergio Arau, the popular Mexican artist and rock singer known as "el Padrino;" Renaissance Transgender Association, a group serving the transgendered community; and The Ethical Spectacle, created by author Jonathan Wallace.
