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