公立図書館のフィルターソフトをめぐる法的判断と図書館思想 -ブラッドバーン事件における「意見確認」を中心に-

Abstract

The purpose of this study is to appreciate the significance of the certification in Brudburn et al. v. North Central Regional Library District (2010) in order to reveal the status of internet filter in public libraries. In the Brudburn case, the plaintiffs claimed defendant's filtering policy violated the First Amendment of the U.S. Constitution and Article I, section 5 of the Washington State Constitution, and the U.S. District Court for the Eastern District of Washington certified the question about constitutionality of internet filter in public libraries to the Washington State Supreme Court. After considering the contents of the certification from the development of case law and library principle, we found the following results. (1)The U.S. Supreme Court judgment (2003) in American Library Association v. United States is the turning point of case law and library principle. And the certification in the case is on the new case law paradigm. (2)The understanding of internet materials in the certification is not suitable for the principle of public libraries.