The issue of filtering Internet access in public libraries is a delicate one, pitting the lofty notion of protecting children against First Amendment guarantees. But legislation attempting to shield children from online pornography and predators, including the Communications Decency Act and the Child Online Protection Act, has repeatedly been ruled unconstitutional in federal courts. The latest reincarnation, the Children's Internet Protection Act (CIPA) which requires schools and libraries to screen out smut by 2003 or forfeit federal funding - has run into a quagmire as well.

This week the San Francisco Board of Supervisors voted unanimously to ban filters at city libraries, becoming the first municipality to openly defy the federal mandate. The San Francisco decision isn't the only challenge to the law. Both the American Civil Liberties Union and the American Library Association have filed lawsuits challenging the legality of CIPA. Both cases are slated for trial next February at a federal court in Pennsylvania. "The (San Francisco decision) demonstrates what we've been saying all along, that these decisions should be made locally," said Emily Sheketoff of the American Library Association.

There are over 160,000 school and public libraries in the United States; Many stand to lose much-needed federal funding if they don't follow CIPA requirements. Conservative groups, such as the Family Research Council , argue filters are the best way to keep children from being soiled by the Net's shadier realms. "Children's concerns trump those of people who want to look at pornography," said council spokeswoman Heather Cirmo. Critics of that point of view argue that software that filters Internet content is simplistic and arbitrary -- blocking out sites that contain specific words, such as sex, breast or even the numeral "X" (to weed out X-rated). In addition to impeding hardcore smut, the software also prohibits access to sites that feature health information and even Super Bowl XXX.

Planned Parenthood and Afraidtoask.com -- two sites that actively promote safe sex - are examples of the plaintiffs being represented by the ACLU. Opponents also argue that the legislation discriminates against the poor. "Information needs to be available on an equal basis to everyone. If you depend on the public library for Internet access, you should be able to get the same access as someone rich enough to afford access at home," Sheketoff argued. San Francisco doesn't stand to lose much federal money - about $20,000 toward its $50 million library budget, said San Francisco Library spokeswoman Marcia Schneider. Schneider said the city's library system hasn't been plagued by people ogling dirty pictures. And if someone's Internet viewing does offend other patrons, the person is asked by the staff to move to another terminal, she said.

"We're not going around peeking over the back of people's heads to see what they're looking at on their computers," said Schneider. "We do respect the individual's right to privacy." However, the San Francisco Public Library is considering filtering content on computers located in children's areas. Many libraries already have guidelines for dealing with pornography. At the Loudoun County Library in Virginia, for example, patrons under 18 must surf filtered content, said assistant director Linda Holtslander.

The library became famous in 1998 when a group of patrons challenged the constitutionality of permanent filters at the library's computers in a federal court and won. The library won't be affected by CIPA because it doesn't receive federal funding, said Holtslander. She said that pornophiles have never been a problem. "When people come here they're usually in a hurry. They don't have time to mess around," said Holtslander. But staffers at the Minneapolis Public Library said that smut-seekers created a hostile environment for the mostly female workers. Men regularly monopolized the terminals to browse porn and even masturbate, they complained.

In May, the local Equal Employment Opportunity Commission sided with them. In an attempt to solve the problem, the library installed software that limits public use of computers to 60 minutes and requires patrons to use their library card or driver's license to access terminals, said spokeswoman Kristi Gibson. She said that the employees use "common sense" to keep children away from adults surfing smut and that they were instructed to call 911 if a patron is observed perusing child pornography.

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