ACLU Sues To Stop Tennessee Schools From Censoring Gay Educational Web Sites; Filtering Software Allows Anti-Gay Sites

NASHVILLE, TN – The American and the of Tennessee sued two districts in federal court today, charging the schools are unconstitutionally blocking students from accessing online information about , , and issues. Metropolitan Schools, and as many as 105 other school districts in Tennessee use to block Web sites containing pro- speech, but not Web sites touting so-called “reparative therapy” and “ex-” ministries. The “” filter is not used to block sites containing pornography, which are filtered under a different category, but it does block the sites of many well-known organizations including , Families, And of and (), the Straight Network () and Campaign ().

“Allowing access to Web sites that present one side of an issue while blocking sites that present the other side is illegal viewpoint ,” said Catherine Crump, a with the and attorney on the case. “This discriminatory does nothing to make students safe from material that may actually be harmful, but only hurts them by making it impossible to access important educational material.”

The school districts block the Internet filtering category designated “,” which includes sites that “provide information regarding, support, promote, or cater to one’s or .” They do not, however, block sites that condemn or promote “reparative therapy,” a practice purporting to “cure” that is denounced as dangerous and harmful to young by such as the American and the .

The filed the case in the U.S. District Court for the Middle District of Tennessee against Metropolitan Schools and on behalf of two students in Nashville, one student in Knoxville and a librarian in Knoxville who is also the advisor of the school’s -Straight Alliance ().

“Students need to be able to access information about their legal rights or what to do if they’re being harassed at school,” said Keila Franks, a 17-year-old student at Hume-Fogg in Nashville and a on the case. “It’s completely unfair for schools to keep students in the dark about such important issues and treat Web sites that just offer information like they’re something dirty.”

The lawsuit charges that blocking sites violates students’ rights by only allowing access to sites that present an anti- point of view on the rights of persons on issues such as anti- , , and the military’s “don’t ask, don’t tell” policy while blocking access to sites that support rights. Further, the filtering hinders the ability of GSAs and their to facilitate club activities and keeps students from accessing important information about for students or doing research for school-related assignments.

The first learned about the discriminatory filtering from Andrew Emitt, a Knoxville student who discovered the problem while trying to search for . is mandated in public schools by , which requires schools to implement software to restrict information that is obscene or harmful to minors. However, the “” filter category does not include material which is sexually gratuitous and already included in the “pornography” filtering category.

“While schools may have an interest in using filters to block material that could be harmful to minors, blocking access to information about issues while allowing anti- information is unlawful and potentially dangerous,” said Tricia Herzfeld, a with the of Tennessee. “There is no place for this kind of unconstitutional in our public schools.”

In addition to Crump and Herzfeld, on the case are Chris of the and Christine Sun of the Project.

The are Nashville students Keila Franks and Emily Logan, Knoxville student Bryanna Shelton, and Karyn Storts-Brinks, a Knoxville librarian and faculty sponsor for her school’s .

More information about the case, including the ’s complaint and a video featuring one of the student , is available online at: www.aclu.org/lgbt/youth/39346res20090413.html.

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