filters firstamendmenttla2011 final
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WHEN FILTERS AND THE FIRST AMENDMENT CLASH: POLICIES FOR STUDENT ACCESSTexas Library Association Conference
April 13, 2011
Helen Adams, Lea Bailey, and Barbara Jansen
Session Overview
Part 1: CIPA/NCIPA + student 1st Amendment
rights Part 2
Internet safety policies compared to CIPA and impact on student research
Part 3 AUP + e-course
Part 4: Wrap-up
CIPA/NCIPA + student 1st Amendment rights
Part I
Results of Filtering
Project Tomorrow “Speak Up 2010” survey #1 complaint
Blog lockdown
What does CIPA require?
CIPA requirements for K-12 schools: Certify have installed “technology protection
measures” All computers used to access the Internet by adults &
minors Protect against “visual depictions of child porn,
obscenity, or material harmful to minors” Federal definitions
Certify having an Internet Safety Policy Includes monitoring minors online
Minors <17 years old Educating about appropriate behavior online
Protecting Children in the 21st Century Act
What about NCIPA?
Schools receiving E-rate discounted services Internet Safety Policy (AUP) addressing:
Access to “matter inappropriate to minors” on Internet No federal definition Local determination
Safety/security of minors using email, chat, etc. Protecting confidentiality of minors’ PII Unlawful activities
State laws
Students’ First Amendment Rights
Supreme Court: minors’ free speech & expression rights
Tinker v. Des Moines Independent Community School District (1969)
Board of Education v. Pico (1982) “…right to receive ideas as part of …freedom of speech” Apply 1st A. rights “in light of special circumstances in schools”
School officials may restrict speech (access to info) if:
Materials are: “educationally unsuitable” or “pervasively vulgar”
May not restrict: Politically motivated or Based on disagreement with ideas
Students Rights’ Online
Supreme Court decision on CIPA United States v. ALA (2003)
Imprecise & blocking protected speech Constitutional Ask librarian to unblock
Consider factors Pico: 1st Amendment rights to receive information ALA: Unblock site with protected speech Filters: over-block & under-block
Educationally suitable Teachable moments
Obscene, child porn, harmful to minors Pets
Students’ Rights Online
Create AUP to balance 3 interests CIPA requirements NCIPA local control Minors’ First Amendment rights
Include: Process to unblock sites with protected speech
Disclaimer
“World’s Simplest Online Safety Policy” http://tinyurl.com/3awz7hb
Over to you…
Does your district’s AUP include process to unblock sites for students (minors)?
Informal unblocking?
Internet Safety Policies Compared to CIPA & Impact on Student Research
Part 2
NCIPA E-Rate funding
What’s blocked?
Monitoring
Protecting Children in the 21st Century
Permission pending, http://www.bbc.co.uk/cbbc/help/web/besmart.shtml, March 19, 2011.
At the Local Level
Part 3
At the Local Level
What does the law require in Texas? Must have an Internet safety policy which
protects children from obscene materials to access Texas Infrastructure Funds
AUP
How do you ensure that staff and students are reading your acceptable use policy? Signature page turned in Attendance at a meeting Just assume they read and understand it ecourse
ecourse for Staff
Now what?
Can staff unblock a site?
Teachers Open access Same as student access Override password Request access
Requesting access-
Requesting access-
Can students do the same?
Students No legal way around Go through teacher Get around system
Reality means-
Reality means-
Reality means-
Personal Devices
What about these? Internet capable phones Ipads, Nooks, Kindles, etc.
What policies pertain to these? Are we responsible for students’ activity
during school hours?
Filter Changes
What happens when the district changes the filter or upgrades the existing one? Will all previous unblockings be carried
over? Are teachers and students notified of the
pending change? Or, when it will happen?
Consider-
If we are filtering and making content related decisions for students, are we really teaching information literacy or developing students who can think for themselves in the real world?
How does this fit into college readiness standards?
Is this filtering or limiting?
Part 4: Wrap-up
ALA Office for Intellectual Freedom Filtering/privacy questions 800-545-2433, ext. 4220
List of resources Minors & Minors Internet Interactivity:
Interpretation of LBOR Supports minors’ academic & personal use of Web 2.0
ACLU- Don’t Filter Me PP & resources URL:
http://www.irvingisd.net/learningresources/library%20presentations.html
Speaker contact info
Helen Adams, School Library & Information Technologies Program, Mansfield University (PA) hadams@mansfield.edu
Barbara Jansen, Dept. Chair, 1-12 Ed. Tech. and Library Services, & Upper School Librarian, St. Andrew's School (Austin) bjansen@sasaustin.org
Lea Bailey, Director of Learning Resources, Irving ISD lbailey@irvingisd.net
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