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Judge Won't Block Loudoun Anti-Filtering Suit

Spokespeople for the American Civil Liberties Union and People For the American Way were exulting April 7 over Judge Leonie M. Brinkema's refusal to dismiss their joint suit challenging the draconian Internet filtering policies of the Loudoun County (Va.) Library. In particular, the two groups (which between them represent some 18 Internet users and content providers) were crowing over Brinkema's 36-page ruling, which decried content-based blocks "absent a compelling state interest"—wording that ACLU National Staff Attorney Ann Beeson said applies "the same level of First Amendment scrutiny that the Supreme Court used in rejecting the CDA."

Nonetheless, library attorney Ken Bass told TechLaw Journal April 8 that the judge will ultimately find that the "use of filtering software, so long as it is supplemented by a means for unblocking, is constitutional."

Brinkema holds a master's degree in library science from Rutgers. No date has been set for the trial.

Posted April 13, 1998.

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