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Article #585

Re: publicly-readable "adult" gifs (was Re: Ohio State University CIS Policies)

#585
From: Carl M. Kadie
Date: Sat, 08 Jun 1991 03:21
48 lines
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(This is the second half of my response - Carl)

>In article <1991Jun7.180227.4515@eff.org> kadie@eff.org (that's me) writes:

>>Can you be more specific? What rules? What law?

jgreely@morganucodon.cis.ohio-state.edu (J Greely) writes:

>The university's sexual harassment rules, and the state law on making
>"pornography" available to minors (we *do* get some).
[...]
>[I]n the specific case of R-
>or X-rated graphic images, we care about the file permissions.
[...]

(I'll respond with two notes.)

So the second question is how far can the freedom to read (or view) 
be suppressed in the name of protecting youth?

My information on this may be out-of-date, but according to
the ACLU's Handbook on the Rights of Authors and Artists (1984):

"Although the Supreme Court has not yet considered the issue [of minor
access laws], three 'display' or 'access' statutes have been struck
down as unconstitutional by lower courts. A Georgia display law was
invalidated because it prevented the perusal by and limited the sale
of constitutionally protected material to adults. Protecting minors
was held to be an inadequate justification for such a severe
interference with adults' First Amendment rights. A Colorado display
statute was invalidated because the court concluded that channels for
the interchange of literary, political, artistic, and scientific ideas
about sex were effectively closed by the statute and that its
enforcement would regulate to a commercially infeasible degree the
activities of responsible members of the community. Likewise a
California court invalidated a display ordinance which required that
commercial establishments seal magazines or books containing sexually
explicit but non-obscene picture, keep them out of the reach of
minors, or else bar minors from entering the stores. [...]"

Does anyone know the details of the state of Ohio law? How do the
librarians and art teachers at OSU stay out of jail? Do they card for
underage students? Do resident advisors police dorm rooms, making sure
that no 17 year olds are allowed to R-rated movies on cable?

- Carl
-- 
Carl Kadie -- kadie@eff.org or kadie@cs.uiuc.edu -- But I speak for myself.
Technical Details
Message-ID: <1991Jun8.032151.18841@eff.org>
Path: arc1-ca.pugleaf.net!utzoo!utgpu!news-server.csri.toronto.edu!rpi!zaphod.mps.ohio-state.edu!mips!spool.mu.edu!uunet!world!eff!kadie
References: <1991Jun3.165946.12637@eff.org> <1991Jun3.173550.13928@eff.org> <1991Jun3.232500.24850@ms.uky.edu> <1991Jun4.004016.20415@eff.org> <JGREELY.91Jun5141237@morganucodon.cis.ohio-state.edu> <ABRAHAM.91Jun6210025@thiele.iesd.auc.dk> <JGREELY.91Jun7130139@mo

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From: kadie@eff.org (Carl M. Kadie)
Newsgroups: comp.admin.policy,alt.comp.acad-freedom.talk
Subject: Re: publicly-readable "adult" gifs (was Re: Ohio State University CIS Policies)
Message-ID: <1991Jun8.032151.18841@eff.org>
Date: 8 Jun 91 03:21:51 GMT
References: <1991Jun3.165946.12637@eff.org> <1991Jun3.173550.13928@eff.org>  <1991Jun3.232500.24850@ms.uky.edu> <1991Jun4.004016.20415@eff.org>  <JGREELY.91Jun5141237@morganucodon.cis.ohio-state.edu>  <ABRAHAM.91Jun6210025@thiele.iesd.auc.dk> <JGREELY.91Jun7130139@mo
Organization: The Electronic Frontier Foundation
Lines: 48