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Aug. 13th, 2002 12:05 pmInteresting news article involving fourth & first amendment rights & library patrons.
Quotes:
"The library isn't defending pornography or child pornography here," said Paul Kundtz, the attorney representing the libraries. "We want to tell the Police Department that it must follow the law -- and more importantly, 'Don't do this again.'"
"All he would have had to do is get a court to issue a search warrant," said Kundtz. "The library would happily have obeyed the warrant."
"We're dealing with an area of the law that is not settled," she said, adding that recent court rulings have deemed digitally created child pornography legal. Simulated child pornography -- such as using adults who appear to be underage -- is even legal.
It takes a legal process to determine whether an image is child pornography.
"A librarian is not a legal process," Krug said. "There is not librarian in the country -- unless she or he is a lawyer -- who is in the position to determine what he or she is looking at is indeed child pornography."
Quotes:
"The library isn't defending pornography or child pornography here," said Paul Kundtz, the attorney representing the libraries. "We want to tell the Police Department that it must follow the law -- and more importantly, 'Don't do this again.'"
"All he would have had to do is get a court to issue a search warrant," said Kundtz. "The library would happily have obeyed the warrant."
"We're dealing with an area of the law that is not settled," she said, adding that recent court rulings have deemed digitally created child pornography legal. Simulated child pornography -- such as using adults who appear to be underage -- is even legal.
It takes a legal process to determine whether an image is child pornography.
"A librarian is not a legal process," Krug said. "There is not librarian in the country -- unless she or he is a lawyer -- who is in the position to determine what he or she is looking at is indeed child pornography."
