This document summarizes a presentation on balancing student internet access and First Amendment rights within school policies. It discusses requirements under CIPA and NCIPA for internet filters and safety policies. While filters are required to block obscenity and child pornography, they also over-block legal content. The presentation examines students' right to access information and how district policies and technologies can restrict this. It suggests internet safety policies clearly outline processes for unblocking sites with protected content. Districts should also consider how filtering may limit students' ability to develop information literacy skills needed for college and careers.

1. 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

2. 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

3. CIPA/NCIPA + student 1st Amendment rights Part I

4. Results of Filtering Project Tomorrow “Speak Up 2010” survey #1 complaint Blog lockdown

5. 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 21st Century Act

6. 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 email, chat, etc. Protecting confidentiality of minors’ PII Unlawful activities State laws

7. 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 1st 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

8. 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

9. 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” http://tinyurl.com/3awz7hb

10. Over to you… Does your district’s AUP include process to unblock sites for students (minors)? Informal unblocking?

11. Internet Safety Policies Compared to CIPA & Impact on Student Research Part 2

12. NCIPA E-Rate funding

13. What’s blocked?

15. Monitoring

16. Protecting Children in the 21st Century Permission pending, http://www.bbc.co.uk/cbbc/help/web/besmart.shtml, March 19, 2011.

20. At the Local Level Part 3

21. 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

22. 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

23. ecourse for Staff

24. Now what?

25. Can staff unblock a site? Teachers Open access Same as student access Override password Request access

26. Requesting access-

27. Requesting access-

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

29. Reality means-

30. Reality means-

31. Reality means-

32. 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?

33. 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?

34. 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?

35. Is this filtering or limiting?

36. Part 4: Wrap-up ALA Office for Intellectual Freedom Filtering/privacy questions 800-545-2433, ext. 4220 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: http://www.irvingisd.net/learningresources/library%20presentations.html

37. Speaker contact info Helen Adams, School Library & Information Technologies Program, Mansfield University (PA) hadams@mansfield.edu Barbara Jansen, Dept. Chair, 1-12 Ed. Tech. and Library Services, & Upper School Librarian, St. Andrew's School (Austin) bjansen@sasaustin.org Lea Bailey, Director of Learning Resources, Irving ISD lbailey@irvingisd.net