You Can Trust Our Government To Balance National Security With Civil Liberties - NOT!

Policing Porn Is Not Part of Job Description: Montgomery Homeland Security Officers Reassigned After Library Incident
By Cameron W. Barr
Washington Post Staff Writer
Friday, February 17, 2006; Page B08

"Two uniformed men strolled into the main room of the Little Falls library in Bethesda one day last week and demanded the attention of all patrons using the computers. Then they made their announcement: The viewing of Internet pornography was forbidden. The men looked stern and wore baseball caps emblazoned with the words "Homeland Security." The bizarre scene unfolded Feb. 9, leaving some residents confused and forcing county officials to explain how employees assigned to protect county buildings against terrorists came to see it as their job to police the viewing of pornography. After the two men made their announcement, one of them challenged an Internet user's choice of viewing material and asked him to step outside, according to a witness. A librarian intervened, and the two men went into the library's work area to discuss the matter. A police officer arrived. In the end, no one had to step outside except the uniformed men. They were officers of the security division of Montgomery County's Homeland Security Department, an unarmed force that patrols about 300 county buildings -- but is not responsible for enforcing obscenity laws."

Didn't we hear in the SOTU address that we could trust our government to protect our civil liberties? We can count on our government--both state and federal--to preserve the Bill of Rights. That was the message that George "Trust Me" Bush offered us when he made the case for Homeland Security and the NSA spying program. The Bush administration continues to argue that there are adequate oversights and there is inherent authority to do all of what he has deemed proper. But this incident is not only a reflection of the local offices of Homeland Security going awry, but also the extension of the DOJ grab for records on searches conducted to view porn online.

We do not have to agree on pronography. Personally, I find most forms of pornography to be degrading and unsuitable for social settings. But over the years of my life I have been exposed to it. I choose what I view on my VCR, DVD player and my computer. That is my right according to the First Amendment. The issue is about the First Amendment.

Public libraries, funded by federal, state and local funds, are required not to censor what patrons choose to read as part of the First and Fourteenth Amendments. But the DOJ has gone on an ultra-conservative Christian witch hunt sponsored by the ideology of the Bush administration and it has spilled over into the hearts and minds of those that are supposed to protect our nation from terrorism. We cannot trust the government--at any level--to preserve and protect our civil liberties and inherent rights if we will not stand up and speak for what is proper.

Recently there were issues about homeland security, censorship and provisions of the USA Patriot Act raised by librarians for exactly the reasons that are exhibited in this incident.

"In the post-9/11 era, even suburban counties have homeland security departments. Montgomery County will not specify how many officers are in the department's security division, citing security reasons. Its annual budget, including salaries, is $3.6 million."

This incident involved the county government in Maryland. But the effort is partially funded with federal dollars and has to meet federal guidelines and mandates. There are reports to file with state and federal officials. The argument that this is an "incident" not reflective of the overall operation and/or policies will not wash.

"Later that afternoon, Montgomery County's chief administrative officer, Bruce Romer, issued a statement calling the incident "unfortunate" and "regrettable" -- two words that bureaucrats often deploy when things have gone awry. He said the officers had been reassigned to other duties. Romer said the officers believed they were enforcing the county's sexual harassment policy but "overstepped their authority" and had to be reminded that Montgomery 'supports the rights of patrons to view the materials of their choice.'"

Actions have always spoken louder than words. Firing the officers is only the first step. Revamping the approach employed and the policies and practices, as well as the mindset of the leaders in our government, is the only logical step for the future. Opposing the renewal of the Patriot Act, limiting the scope of NSA activities when it comes to surveillance, and demanding a complete overhaul of the ethical standards in congress are necessary steps for the immediate future.

The sexual harassment policy forbids the "display of offensive or obscene printed or visual material." But in a library, which is both a public arena and a county workplace, the U.S. Constitution trumps Montgomery's rules.

At most public libraries in the Washington area, an adult can view pornography on a library computer more or less unfettered. Montgomery asks customers to be considerate of others when viewing Web sites. If others are put off, librarians will provide the viewer of the offending material with a "privacy screen."

Fairfax County forbids library use of the Internet to view child pornography or obscene materials or to engage in gambling or fraud. But Fairfax library spokeswoman Lois Kirkpatrick said, "Librarians are not legally empowered to determine obscenity."

D.C. library spokeswoman Monica Lewis said the system is working on guidelines for Internet use, but she added that recessed computer screens generally ensure patrons their privacy.

Although many library systems in the United States use filtering software, the D.C. and Fairfax systems do not, and Montgomery uses such software only on computers available to children. Leslie Burger, president-elect of the American Library Association, said the reality is that "libraries are not the hotbed of looking at porn sites."

Still, Montgomery plans to train its homeland security officers "so they fully understand library policy and its consistency with residents' First Amendment rights under the U.S. Constitution," Romer said in his statement.