WHEN FILTERS AND THE FIRST AMENDMENT CLASH: POLICIES FOR STUDENT ACCESS Texas 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 21 st 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 , 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 1 st 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”

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

Permission pending, 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-

Can students do the same?  Students  No legal way around  Go through teacher  Get around system

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  , ext  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: presentations.html presentations.html

Speaker contact info  Helen Adams, School Library & Information Technologies Program, Mansfield University (PA)   Barbara Jansen, Dept. Chair, 1-12 Ed. Tech. and Library Services, & Upper School Librarian, St. Andrew's School (Austin)   Lea Bailey, Director of Learning Resources, Irving ISD 