Saturday, August 19, 2017

Is Porn In the Library Sexual Harassment?

ANON ASKED ALATT - "Is porn in the library sexual harassment?
Weird question but I need to ask anyway. I work at a library that has a section of computers that can have our normal filtering software removed. Of course the “official” reason for this area is if someone is doing research on breast cancer or art or other subjects that might trigger nudity, they have a dedicated space to view. The reality is these computers are in constant use by patrons looking at hardcore porn. Part of my job is to walk around and see if people need help on the computer. While I try not to notice what these patrons are looking at, sometimes they might ask me for help printing or adjusting the volume or other things and BOOM there’s some porn. Also, as you can imagine, we have had more than a few patrons engage in some self pleasuring while using these computers, so we do try to monitor the hand placement of folks as best we can. Here is my problem: I am not offended by porn per se, but I do think in my work environment I shouldn't have to be subjected to it. Obviously I don’t want to go to HR or my manager for fear of putting a red X next to my name (complainer, troublemaker, not a team player, however you want to put it). Do you think I have any rights legally or otherwise? Or should I just suck it up and accept it as part of the profession? "

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Kristi Hanson It seems as if the Hennepin county libraries in Minneapolis had this issue a few years ago. The employees sued the library, stating that constant exposure to pornography constituted a hostile working environment, and they won the lawsuit. Does anyone else remember that? I am sure you can find the articles in the web someplace.
November 7, 2014 at 12:14pm
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Derrick Burton I'm all about free information but until I actually learn something from porn I don't see a need for it in the library.
November 7, 2014 at 12:17pm
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Jennifer Sorensen Nelson Are these people told in any way what these computers are for? I'm just curious. Like maybe something could be said about what these computers are specifically for.
November 7, 2014 at 12:20pm
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Stephanie Flinchbaugh We are allowed to kick people off the computers for using porn if we get a complaint about their behavior. (Violates the "creating a disturbance" rule). There are no rules that say it can't be another employee that complains.
November 7, 2014 at 12:20pm
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John Jack The UN thinks it's sexual harassment:
http://www.un.org/womenwatch/osagi/pdf/whatissh.pdf
(Examples: Non-Verbal: Displaying sexually suggestive visuals.)
November 7, 2014 at 12:21pm
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Jessica Smith I think it creates a hostile environment for you and for most of the patrons for people to sit and look at porn on public computers.
November 7, 2014 at 12:21pm
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Debi Babb It would certainly feel hostile to me.
November 7, 2014 at 12:22pm
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Mandy Henk Lots of jobs have occupational hazards and porn is one of ours. We can't allow our own comfort level to dictate what information our users are allowed to view or access. Get privacy screens and suck it up, unless it is directed at you. Then you can complain. So, for example, I used to work in an institution where a patron would come in late in the afternoon when I was alone and go to each computer and put porn on the screen. That was harassment. People viewing porn because that's what they want to look at and you happen to be nearby is not harassment.
November 7, 2014 at 12:23pm
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Craig Anderson I don't think having unfiltered computers in the library is harassment. 
I don't think that making you check to see how patrons are using the computers is harassment. 


But when some guy calls you over because: "Oh, I have a computer, there's something on my screen I need to print, and doggone these things are just so temperamental, could you be a dear and help me with ... OH DEAR ME IT LOOKS LIKE I'VE LEFT ALL OF THIS PORNOGRAPHY UP ON MY SCREEN!! Really, I'm simply a visiting professor with the Kinsey Institute doing scholarly research on this, and could you just .... just lean over here and check to make sure the cable is plugged in the back correctly, my thesis advisor sure would be upset if I didn't get this to him by this evening ... ", then do not check your settings, you ARE being harassed. 
November 7, 2014 at 12:28pmEdited
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Karin Wikoff However, you should not have to police their play-along behaviors, as that is NOT appropriate in a public place. That behavior has nothing to do with freedom of press and being allowed to access any information they want, nor is it reasonable for you to have to be the watchguard of such. I also think it creates a hostile environment -- I am all for people being allowed to look at what they want, but some of those things belong in the privacy of your own home. If you haven't got that at home, titis not the library's function to provide access to your sexual gratification.
November 7, 2014 at 12:26pm
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Derrick Burton I guess I can't even fathom the mentality required to walk into a building full of 50 people and sit down and watch two people bang it out on a video
November 7, 2014 at 12:26pm
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Karin Wikoff Much less to do that AND participate at the same time, in public. People who do that often do so for the specfic purpose of making other people uncomfortable -- and should get the boot for it.
November 7, 2014 at 12:27pm
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Jaqueline Woolcott It's not the porn that gets to me. It's the murdered/beaten/battered/tormented people that will ruin my day.
November 7, 2014 at 12:27pm
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Erin Kilkenny Do you have privacy screens for these computers?
November 7, 2014 at 12:28pm
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Edward M. Corrado At least one library (or more accurately, their insurance company) had to pay $435,000 because patrons were viewing porn: http://www.nationallawjournal.com/.../No-smut-at-work...
November 7, 2014 at 12:29pm
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Sarah Tulman Jesudason At my previous library, we had a right-to-view balanced with a delicately worded "You may not be aware of this, but the privacy screens don't prevent others from seeing your screen, and there's been a concern expressed..." Most times, the screen immediately went to solitaire. But there were times when it was clear that being caught viewing was part of the thrill.
November 7, 2014 at 12:29pm
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Allison Girres Kristi, you're right - at the time it was just the Minneapolis public library (they're since merged to be a county system). As several people have said, for some people part of the fun is luring library staff (usually younger, female staff) over on a pretext and then making them confront porn. That is definitely harassment.
November 7, 2014 at 12:34pm
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Daniel Glauber Sorry but I don't think patrons should be allowed to view hardcore porn on your computers. Those computers have a specific purpose, as you stated. If they are abusing that purpose then boot them off. And I hope someone is sanitizing those stations because yuck. Don't touch the mouse.
November 7, 2014 at 12:34pm
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Cynthia Myles Lambert Privacy screens go a long way in helping with this issue On another note--I find it deeply disturbing that the questioner is afraid to speak to HR and/or management about something that is upsetting them. What is happening in LibLand that employees are so afraid of speaking up and out?!? That is what we should be discussing--not #teamharpy, not porn, not any specific case--why are employees in LibLand so terrified to stand up and say stop that?
November 7, 2014 at 12:35pm
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Daniel Glauber I think ALA and librarians in general feel very conflicted about pornography because we are supposed to uphold the values of freedom of information. However we have other responsibilities, such as creating a safe environment for the public and for staff.
November 7, 2014 at 12:36pm
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Tiffany Ann Our system does not allow porn to comply with CIPA for erate.
November 7, 2014 at 12:36pm
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Stephanie Flinchbaugh So, what is the "specific purpose" library computers are intended for? Because we don't have a specific purpose for ours.
November 7, 2014 at 12:36pm
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Kristi Hanson I used the Minneapolis case to show why I should not have to allow inappropriate sites on my library's computers, and got my board to support me, as well as remove privacy screens that made it easier. I don't care what people do on their own time. But I absolutely refuse to be exposed to it on a daily basis at my job. That is entirely within my rights.
November 7, 2014 at 12:36pm
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Jules Shore A Librarian in Birmingham, AL sued her workplace over this topic. The suit was settled out of court so we have no details of the settlement.
http://blog.al.com/.../birmingham_and_library_board_s.html
November 7, 2014 at 12:37pm
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Daniel Glauber Stephanie Flinchbaugh if you read the question it states that the computers in question are meant to be used for research that might require the viewing of nudity, such as breast cancer research.
November 7, 2014 at 12:37pm
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Stephanie Flinchbaugh I didn't read that the same way as you did, Daniel. Oh, and if someone is touching themselves in the library, call the police. It's illegal to do that in public.
November 7, 2014 at 12:38pm
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Daniel Glauber Also people talk about a blurry line between legitimate research and pornography. I think we can all identify and draw a line at hardcore porn though.
November 7, 2014 at 12:40pm
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Jules Shore Another Birmingham Librarian sued for the same reasons after the first case was settled and that case is still pending. http://docs.justia.com/.../alndce/2:2011cv02632/138110/10/
November 7, 2014 at 12:41pm
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David Brian Holt I'm a law librarian, so I think this is an interesting area of law (particularly since librarians fought so hard against CIPA). There is lots of legal scholarship on this. If you have access to Lexis Academic in your library take a look at: 65 Brook. L. Rev. 827, 15 UCLA Ent. L. Rev. 1, 51 Drake L. Rev. 213.
November 7, 2014 at 12:42pm
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David Brian Holt Also Eugene Volokh wrote this column about the Minnesota case: http://reason.com/archives/2001/06/04/squeamish-librarians
November 7, 2014 at 12:42pm
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Derrick Burton I've yet to meet a professional researcher who was looking at porn in the Library anyway.
November 7, 2014 at 12:43pm
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Debra Westwood This is interesting. I can see how your employer is obligated to stop harassment by other workers. The employer has some level of control over workers' on the job behavior through policies & employment agreements. But patrons? In an institution that specifically promotes access to all types of information? Unless the patron is engaged in some kind of illegal activity (Which porn is not. Masturbating in public, yes.) I'm puzzled as to how it should or can be held liable. Guess I need to read up on the Minneapolis case.
November 7, 2014 at 12:44pmEdited
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Daniel Glauber Just because something is legal doesn't mean it can't be construed as harassment in public.
November 7, 2014 at 12:46pm
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Stephanie Flinchbaugh So, are these computer really designated as for research only, or is it just that the filters can be removed "for research purposes" if requested.
November 7, 2014 at 12:46pm
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Daniel Glauber It is legal for me to take a shower, but not in the middle of the library. Sex is legal, but we don't do it in public. Why is watching hardcore pornography any different?
November 7, 2014 at 12:47pm
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Craig Anderson I'd actually considered majoring in Human Sexuality at some point. But, EVEN IF I were majoring in HS, and EVEN IF the local public library computers were my only means of doing research, and EVEN IF there were some kind of technical issue with the computer in the middle of my research ... 

I can't imagine that I'd call over a female librarian to help me with it without first making sure that there was nothing offensive actually showing on the screen. I maybe if the screen froze or something, but even then, don't just call someone over like it's no big deal and force them to look at it. Maybe something like: "Excuse me can I please speak to a (preferably male) tech? I really need help with something, but it's very offensive material and you probably shouldn't come over to this particular terminal until we get it sorted out .... "
November 7, 2014 at 12:47pm
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Benjamin Haines Some libraries (e.g. Seattle Public) have made the case that viewing legal porn is a legitimate use of the library's public computers. I tend to agree with Craig: legal is legal, but anything can be used as a pretext for harassment, and it's the harassment, not the content, that's the issue. If someone wanted reader's (or viewer's) advisory on porn, would you provide it? If not, is porn unlike the standard "personally-objectionable" examples of conspiracy theories, suicide, and bomb-making? And why?
November 7, 2014 at 12:48pm
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Debra Westwood Oh Craig, you dear man! LOL! You're clearly not wired to be a sleaze ball! People who view porn in public places are generally immune to social appropriateness or fear of public embarrassment.
November 7, 2014 at 12:52pmEdited
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David Brian Holt @Craig, I agree with you given that scenario. The problem, however, is how this issue has been litigated. People have sued their employers claiming a hostile work environment because their work email account received a pornographic spam message. It creates a slippery slope which permits the government to invade public fora to monitor speech. That should make librarians a little uncomfortable. 
November 7, 2014 at 12:52pm
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Craig Anderson @Debra: I've seen sleazeballs at work, and it's never pretty. I mean, I probably COULD be if I wanted to, but ... who would want to? 
November 7, 2014 at 12:52pm
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Mary Taylor Huntsman Academic here: if reported, we warn them- it violates the community college system's IT policies and student code. Third strike and you're banned. We have a student who asked us to stand behind him to make sure he isn't tempted to view porn (for which he has been banned from the local public library- I volunteer there). It made my skin crawl and as head of PS, I told him no.
November 7, 2014 at 12:53pm
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Debra Westwood We once configured the PCs in a library to have the screens clearly visible to passersby, thinking that the social pressure would stop people from watching porn. "Surely they won't do it if they know others can see them?" WRONG! Those monitors were flipped around within the week.
November 7, 2014 at 12:54pm
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Tiffany Chantal Williams I would say something. It's unlikely that you are the only employee that is uncomfortable with this situation. Beyond just your feelings, are these computers ever visible by someone under 18 walking by? I'm fairly certain that exposing minors to pornography is against the law.
November 7, 2014 at 12:55pm
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David Brian Holt @Tiffany, that's a MUCH better legal avenue to address this than raising a hostile work environment argument.
November 7, 2014 at 12:56pm
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Craig Anderson It's weird to me that the issue has been litigated that way. If your WORKPLACE is doing the harassing, then YES, by all means, sue them. Or if you've been harassed by a patron and told to "suck it up", then absolutely. But if it's a PATRON in your workplace, shouldn't the issue be with them? 

I mean, I prefer the: "If he does it again, let me know and I'll have a ... little discussion ... about manners ... with him out back ..." method. but that approach might only be applicable to NJ libraries ... [blush]
November 7, 2014 at 12:57pm
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Jon Harris If the intended use of the space and the actual use of the space are in conflict, it's a good time for your library to re-evaluate its policies on the matter. If you take an approach like that, you're actively taking part in the solution, which is the most "team player" thing to do. If they don't see it that way, they're a bad team.

Frankly, I'm also of the opinion that if the library is going to continue to consider this one of your job duties, they'd better start listing it as one. "Other duties as assigned" only goes so far.
November 7, 2014 at 12:59pmEdited
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John Jack Craig, did you read the article Edward linked to? There's this towards the middle, which, if true, makes me wonder how it could *not* be considered a hostile work environment: "it chastised a security guard for telling a 6-year-old boy that he shouldn't be looking at pornography.

"She said that the library fell under occupation by about 25 'sex addicts' who came in every day to use the terminals, deliberately tried to embarrass and intimidate the staff, lured children into viewing pornography and made violent threats. "

If my workspace thought that a six-year-old had a right to look at porn, that it was okay for patrons to lure kids into looking at porn, and that patrons also had a right to intimidate staff and/or to make threats against people, then we'd have a fundamental disagreement which would probably require a third party to sort out. I don't fault them for bringing a lawsuit alleging a hostile work environment.
November 7, 2014 at 1:15pm
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Tiffany Hayes My understanding is that "hostile work environment" covers things that a workplace allows or can control that constitute harassment to the reasonable person. So, an accidental spam email is not specifically allowed or controllable by the workplace, but if one colleague is forwarding inappropriate material, or if a customer were doing so, the institution would need to take steps to restrain that person from doing so. As far as images on a screen, would it be harassment if a co-worker was doing the same thing (even if it were on their own laptop in the break room at lunch, not on work time)? I am not sure how intent comes into play--are the images themselves less offensive or hostile if they just happen to be in view, rather than if the person is making an attempt to get the staff member to view them? Also, I would expect that hostile environment aside, different states have different definitions of what is "obscenity" and illegal in a public space. Presumably the library is already complying with state law.
November 7, 2014 at 1:15pm
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Sarah Dentan I actually worked with a harassment lawyer on this while writing a policy for a previous employer. Long story short, at least according to one lawyer in one jurisdiction, situational exposure to pornography in the course of your job as a librarian doesn't count has harassment. So if you walk past a patron and you see porn on their computer, or if someone complains and in the process of dealing with that complaint you are exposed to pornography, then that's not harassment. It's loosely parallel to, say, having to catalog Mapplethorpe or similar art book. HOWEVER, if someone is calling you over to look at pornography repeatedly, or if a colleague is exposing you to pornography in a situation not related to work, then you might have a harassment claim.
November 7, 2014 at 1:25pm
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Jules Shore ANON - I just realized that none of us are qualified to answer the question. We can debate our beliefs on the topic, but we can't tell you what qualifies as sexual harassment or hostile work environment in your locality. For that, you need to see a lawyer in your area. They'll tell you right away if they think they can get some money out of the City, State, etc.
November 7, 2014 at 1:25pm
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Sharon Foy Swanke Jules Shore I don't think ANON wants money out of this deal. I just think ANON would prefer not to be exposed to porn on-the-job. It is not what they signed up for as a librarian. I do think speaking with a local attorney is a good answer though.
November 7, 2014 at 1:29pm
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Aradia Wyndham There are so many comments. Have we established a definition of "porn"?
November 7, 2014 at 1:30pm
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David Brian Holt @Aradia, the famous quote from Justice Stewart on this is: "I could never succeed in (defining it) intelligibly,’ but ‘I know it when I see it." 
November 7, 2014 at 1:36pm
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Jules Shore Sharon - I didn't mean to highlight money as a solution. Anon wants a solution and suing is the one sure way I know to fix this. Whether that produces change or provides enough funds to move on is up to the legal system.
November 7, 2014 at 1:58pm
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Craig Anderson @John Jack: Eeek! No! I tried to, but then it wouldn't let me the full article without signing in. 

See, yes, in that case, the workplace is definitely at fault. 
November 7, 2014 at 2:09pmEdited
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Jessamyn West Few issues conflated here
- patrons' rights to look at porn at all
- your right to not look at porn as work

- your perception of your job as (possibly) requiring you to look at porn

We had an issue at a library where I used to work where there was a "pick up your prints at the desk" sort of thing and some people who would print out porn to get a rise out of the staff. Not ok. However we also had a "you can look at/print what you want" policy so we wound up going with another print solution. This is all about having good policies but also you being willing to talk about the issues with the people who make them whether it's HR or the trustees. Part of harassment (usually) is that it's pervasive (not always, but often) so if you'd said this was a thing you didn't want to deal with (viewing hardcore porn) and the administration did nothing, that is a problem. You need to work within the system before you step right to suing people.
November 7, 2014 at 2:05pm
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Lisa Pasho Bankert This is how it works in my library. The policy is, you cannot DISPLAY nudity or sexual acts (this violates a public law in NYS). If you do, you get one remote warning. If you don't cease and desist? Your session ends, you are escorted out, and you are barred for x number of months depending upon whether this was a repeat offense. Key word here? DISPLAY. View whatever you like (unless it's illegal, i.e child porn). That's your right. BUT ... it's not legal for you to DISPLAY these materials on a public Internet computer screen for all to see. Any, erm, ACTIVITIES occurring simultaneously with porn viewing? Oh yeah, that gets you tossed and barred, most likely for a year.
November 7, 2014 at 2:21pm
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Kristi Hanson Again, we should not ever be making any judgement calls on what is "pornography". Even the government doesn't make that call. But "inappropriate for public library viewing" is not that hard to decide. Nudity and sexual acts would generally fall in that category, and it seems fine to draw the line there. If it isn't appropriate for a child to see, it probably isn't a good use of library computer time.
November 7, 2014 at 2:24pm
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Kay Dee Meadows hmm i skimmed the answers thinking a law librarian might write in and give a definitive answer. 
so far i this is what i read. 
1-there is no federal law to stand on. the UN has a rule but that's the UN not the USA.. 

2-some lawsuits have happened in a couple states. the libraries lost. not sure if that means no more porn allowed on lib computers or what.
3-some libraries write it in their polices so porn is not allowed. 
4-some libraries' policies are open-ended and so porn is allowed.

i conclude that if your library policy is allowing this that you would need to sue in order to get them to change the policy. i also conclude that if you can have a policy worded in the correct manner you can tell people that it's not allowed if even though the filter does not block it.
November 7, 2014 at 2:32pm
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David Brian Holt @Kimberle, this scenario has only been litigated once and it was via an EEOC administrative adjudication that was settled between the parties. That EEOC decision may be binding on other EEOC adjudications but this issue has not yet been taken to federal court. It is an Article III federal court which is given the authority to review administrative adjudications and determine whether the agency's decision was outside its scope or infringed upon a constitutional right.
November 7, 2014 at 2:35pm
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Kay Dee Meadows my library just doesn't allow it. our filter blocks it. we moved all of our public computers into open spaces. the study carols in the backs for mobile users we don't worry about too much since we also block it on our wifi. this came about because of people sitting outside in their cars watching porn and masturbating in the study carols. customers and staff reported and noticed it. we have it written into our internet policy which they have to agree to in order touse our computers.http://www.stmalib.org/.../custom.../internet-safety-policy/
November 7, 2014 at 2:37pm
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Jessamyn West > Nudity and sexual acts would generally fall in that category, and it seems fine to draw the line there. 

This is very much not a settled issue. Nudity especially in art or other appropriate contexts (how to do a breast self exam, is an obvious one) 
is not at all a problem. Sex stuff is the same way, or can be. i think we feel somehow like it should be easy to tell but it's often an "I know it when I see it" situation. You can't make policy like that.

This is one of the reasons why these lines are hard to draw. Add to this many (most?) libraries' stance on intellectual freedom and anti-censorship/filtering and you wind up with something where people don't agree on where to draw the line. One of the reasons some libraries like filtering is because it keeps them from having to make judgment calls like this, at least most of the time. It's a tricky issue.
November 7, 2014 at 3:16pm
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Janet Swan Hill I, too, am concerned that Anon doesn't want to go to HR or the Administration. You can take it to them as a question .... seeking an answer or advice. That doesn't mark you as anything other than an employee trying to understand the parameters within which she is expected to operate.
November 7, 2014 at 5:00pm
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Kiyomi Deards Anyone self-pleasuring would trigger an automatic call to University Police, we would also be required to call them is someone was watching pornographic videos or looking at hardcore porn sites. If the person was merely looking at nude images not on a porn site I don't think it would be an issue but I would have to check with someone as that has never come up. The students police the computers and are very quick to report people doing unsavory things which helps us to deal with them quickly and safely.
November 7, 2014 at 5:09pm
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Sonnet Ireland It depends. Does your library have a policy against it? We have no filters and we have no rules against porn because, as an academic library, there may be people doing research that requires them to view porn. Now, masturbating in the library WOULD lead to us calling the University Police...whether porn was involved or not.
November 7, 2014 at 5:15pm
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Kate McGowen Wing I don't have any good answers, but this reminds me of the issue of breastfeeding in public. Victoria's Secret billboard? No big deal. Nursing a baby in public? Better be prepared to cite state law and duke it out over the definition of "discreet" and "exposure" depending on what state you live in.
November 7, 2014 at 5:36pm
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Source: ALA Think Tank - Facebook Public Group: https://www.facebook.com/groups/ALAthinkTANK/permalink/746580268748129/

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