In the May 2009 issue of Focus on Indiana Libraries is a story reported by Doug Archer, ILF & ALA Intellectual Freedom Chair. Archer is reporting on two intellectual freedom items that have not yet shown up in the national media. (I blogged about the other of these items in a prior blog.) This item involves rating systems, such as the Motion Picture Association of America (MPAA) system for motion pictures. The Utah legislature recently passed a "Truth in Advertising" bill and sent it to their governor. If the governor signs it, citizens will be allowed to sue retailers and others who say they use private rating systems but get caught selling or providing access to someone who does not meet a system’s age requirement.
Archer sees this as having the intent to keep constitutionally protected speech out of the hands of minors. It gives private, advisory rating systems the force of law. Courts have generally agreed to the objection of attempts to turn these codes into legal standards, but there is always the danger of something like this passing. And, there could be unintended consequences. What if we as a librarian staffer check out material to someone that doesn’t fit the patron’s age according to some "recommended age" advisory system? Sue the library? Also noted is that businesses could stop using the codes in order to avoid liability, resulting in less guidance than before for parents and minors as they try to select appropriate materials. More details about this case are available at the National Coalition Against Censorship web site at http://www.ncac.org/Action-Alert-Call-on-Governor-Huntsman-to-Veto-HB-353.
Addendum: Apparently Governor Huntsman did veto HB 353 after the publication of this article. Another victory for intellectual freedom. But look how far it got. What if the governor wouldn’t have vetoed it. Thank you to the National Coalition Against Censorship!
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This is frightening to think this might happen. As you said I do not know how as librarians we can verify the age verification. This is a responsibility we can not delve into. Gladly, it did not get through, but it is onlu a matter a time before soemthing like this does.
ReplyDeleteI don't like the ratings system in general, it seems very subjective to me. As librarians, I don't think we should have to police what kids are checking out, that's the parent's job.
ReplyDeleteThe rating system is horrible-movies with tons of violence are just PG-13 but show one breast it gets smacked with a R.
ReplyDeleteAt our library parents have to sign for permission for their kid to checkout videos, but we get asked all the time-do you guys check the rating. No we don't we look for the V in front of patrons code and that's about it.
There was a school project in the middle school where the kids had to watch history movies-Saving Private Ryan and Schindler's List were on the list-hardly movies geared toward 13-14 year olds that were in the class. So where does that leave us and the teacher who assigned the project? We can't be the police.