Maine librarians first to join suit vs. Internet law

AUGUSTA – The Maine Library Association is the first plaintiff in a lawsuit challenging a new law that requires libraries to block obscene material from the Internet.

The Children’s Internet Protection Act requires all public libraries and schools to install software to block pornography from the Internet on their computers.

The American Civil Liberties Union plans to challenge the law’s constitutionality, saying it encroaches on First Amendment rights.

The ink on President Clinton’s signature was barely dry when the Maine Library Association, which represents about 1,000 librarians across the state, agreed to become the first named plaintiff in the lawsuit.

“There used to be a saying, as Maine goes, so goes the nation. I think this speaks to that and the forthright way of thinking we have in Maine,” said Jay Scherma, the association’s president.

The lawsuit is expected to be filed within the next few weeks in U.S. District Court in Philadelphia, he said.

The American Library Association and the People for the American Way Foundation are filing a similar suit challenging the new law.

State Librarian J. Gary Nicholas said he believes if the federal law goes into effect, librarians in many smaller libraries that depend on federal funds for their Internet connections would rather lose their abilities to surf the Web than comply with the law.

“It’s going to have a very negative effect on small- and medium-sized libraries because they simply will not participate,” he said.

Nicholas said the library association knew the lawsuit was in the works.

But one lawmaker said the concerns are irrational. Freshman state Rep. Brian M. Duprey, R-Hampden, has introduced a bill in the Maine House to require school and public libraries to install filtering software in any Internet-connected computer available to any child under 18.

He said the filters have few flaws and would not limit the availability of information to library patrons or students.