Test III Essay (50%)-- To be turned in when you take the objective part of the test. Limit of 4-5 pages.

 

Advocates for Free Speech v. South Bend Public Library

The plaintiffs are citizens who claim to have had their access to Internet sites blocked by the defendant library board's "Policy on Internet Sexual Harassment," a policy which prohibits the access of library patrons to certain content-based categories of Internet publications. It requires the blocking of sites which display child pornography and obscene material as well as material deemed harmful to juveniles. In addition, all library computers are installed in full view of the library staff. If patrons access legal pornographic (but not obscene) sites, they will be asked to desist, and, if they refuse, the police will be called.

 

Choose to advise either Advocates for Free Speech or the Library. In your discussion, consider the appropriate test to be used for this restriction of speech. Is this content based discrimination? What kind of forum is involved? Is the restriction overbroad? Is the policy vague? What problems do you expect to encounter?

Relate this situation to other fact patterns in the readings for the course.