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Censorship of research databases has been a concerted political effort in the United States since 2016.[1][2] Conservative activist groups that aim to change school curricula and ban books from libraries and schools are applying political and legistlative pressure to limit the content in research databases to which libraries subscribe to give students online access to educational resources beyond what print collections can offer.[3][4][5] In 2017, the American Library Association found that 18% of challenges to library content were not book challenges, but about databases, games, and other non-book content.[6] In 2023, ALA recieved reports of 1,247 censorship attempts on library resources, including databases.[7] Recently, however, many of the research database censorship efforts take place in state legistlatures; Idaho, Utah, Tennessee, and Oklahoma have encoded laws that specifically target research databases.[3][1][8] Several other states have failed legistlative efforts, while other states have pending legistlation in the 2024 season.[1][9] Where targeting research databases specifically has been unsuccessful, activists have moved to attempting to legally redefining "obscenity" and handeling of "obscene" materials, as in Tennissee legistlation that removes protections for materials with educational value.[10]

Definition

In this instance, a "research database" is a collection of educational resources libraries purchase to suppliment print books. The contents of research databases are either selected or written by the company that publishes it. For example, Britannica School is an online encyclopedia, written by subject matter experts and by the editorial staff of Encyclopædia Britannica, Inc. for use in schools.[11] Others, like EBSCO's Middle Online Package collection bring together newspaper and magazine articles, books, and more from a variety of popular and academic publishers.[12] Overall, the purpose of research databases is to have resources that will help users answer research questions. As a result, a student who -- for example -- wants to do a project tracing the history of celebrities using their influence to promote social issues might use research databases to access local newspapers, popular magazines like People, and possibly encyclopedias.[13] In many cases, these sources would be behind paywalls on the open web.[3][14][15] Furthermore, database companies offer many different products, in part to provide for the variety of patrons different kinds of libraries -- such as K-12 school, college, and public libraries -- would need.[16] Companies generally diversify these databases further by age of user, especially among their various products for K-12 school settings.[16]

Because school funding is limited nationwide, especially for library resources, many states buy access to specific, K-12 educational research databases for use by students within the state.[1] Such initatives are run by state libraries, departments of education, or similar governmental institutions.[1] It is a relatively inexpensive way to assure job readiness and equity of access to educational resources for all of the K-12 students in a state.[3]

Activist state that their concerns are with content within databases sold to K-12 institutions, and -- increasingly -- public and college libraries.[1][17][7] Their primary claim is that research databases include content that is harmful to minors.[4][1] This claim has neither been sustained in court, nor has it been replicable when tested.[16][1][18][19][20] Similarly, activists erroneously claim that research databases bypass school internet filters.[16] Conservative activists' evidence often comes from following links onto the open web, or "database hopping," which is moving from K-12 databases to public library databases that are aimed at a wider audience and may include sources for adults.[2][3][16] Critics like Oklahoma State Representative Andy Fugate noted that these actions are taken in support of political goals.[5]

History

A concerted political effort has arisen in the United States to pass laws that limit access to certain topics within research databases, specifically information on LGBTQ-related topics, human sexuality, and other topics common in book banning efforts.[2][16][3]

Challenges

Two challenges to research databases have recieved broad attention nationwide.

Cherry Creek School District

The first known challenge to a database was introduced in January, 2017, at a Cherry Creek School District Board of Education meeting in Greenwood Village, Colorado.[16][21] Drew and Robin Paterson, parents of a student in the district, accessed their student's school-provided research database and found links within the content to sites that they labled "pornographic."[2] Reporting on the case notes that the parents, and not the student, accessed these public internet sources.[3] The research database in question was published by EBSCO, whose spokepeople point out that the database itself covers mainstream publications, and that the links in question were embedded in articles from Time Magazine, Men's Health and Women's Health magazines.[22][23]

EBSCO reported that it remained unaware of any occasions on which children had used its databases to access pornography, but nonetheless reviewed its selection process and clarified its policies and technology in 2017.[4]

In 2017 and 2018, the National Center on Sexual Exploitation (formerly Morality in Media) listed EBSCO on its "Dirty Dozen," its annual list of organizations that it beleives forwards exploitation of children. Other organizations that have been on the list include the American Library Associaiton, United Airlines, the Department of Defence, and more.[24][25]

The Patersons founded several groups, including "Pornography is Not Education" (PINE) and Colorado's chapter of "MassResistance" to advocate for the idea that EBSCO intentionally providing links that are "a few clicks" from online pornography.[26][3][2] Under the auspices of PINE, the Patersons filed a lawsuit in Arapahoe District Court against the EBSCO and the Colorado Library Consortium (CLiC), the state organization that purchases research databases and other library materials for school and public library users across Colorado.[2] Matt F. Heffron, an attourney for the Nebraska-based, conservative Catholic law firm, Thomas More Society, represented them.[17] The Thomas More Society primarily supports anti-abortion movements activists, but also attacked the Common Core standards, sex education programs, and other school programs as attempting to promote pornography to children.[2] CLiC was represented by Seter & Vander Wall, P.C.[19] On February 15, 2019, all parties agreed to dismiss all claims against CLiC.[19] On February 25, 2019, PINE also elected to dismiss its claims against EBSCO with prejudice, meaning the lawsuit cannot be refiled, usually because the "merits" of the case are not sound.[19][27][28] However, after two years of pressure, Cherry Creek School District also dropped EBSCO databases in favor of databases from a different company.[18] CLiC estimated that the lawsuit cost at least $35,000, equivalent to seven years of book budgets for a small public library, plus many hours of labor.[18]

After the lawsuit was dismissed, Heffron noted that repeat lawsuits would still be possible because EBSCO databases are used in schools across the country.[29] From Colorado, activism spread to both Indiana and Utah.[24][30] Over 130 school districts have cancelled their contracts with EBSCO.[6] Losing access to EBSCO databases removes almost 97,000 un-challenged titles -- more than 175 million articles -- from student educational access, when the research database content that is objectionable to the complainents do not meet standards for obscenity or pornography.[31]

Utah challenge

In 2018, president of the conservative Empowered Families Coalition, Nicholeen Peck, reported that she discovered pornography through the EBSCO databases provided by the Utah Education Network, the government department that oversees the state's public schools. [20][32] She claimed that she searched for 45 minutes to find it.[3][33] In response to political pressure, Utah closed down its K-12 EBSCO subscription for all of its students statewide, blocking over 650,000 students.[3] After a month of investigations, during which the Utah Education and Telehealth Network Board president stated that they were not able to replicate any of the problematic results advocates reported, even folowing the directions provided by those activists, and the board voted unanimously to turn database access back on.[3][20] EBSCO was also unable to replicate the search results in their own investigations.[20] The executive director of the Salt Lake City Public Library noted that the accusations were intentionally false and misleading.[20] He argued that conservative activists found certain content personally distasteful and wanted to block it for all users.[20]

The Utah Education Network began monitoring EBSCO use when the database was reinstated, to demonstrate it was being used appropriately.[34] UEN reports currently blocking over 15,000 search terms in the school databases.[34] The quarterly reports also include word clouds of searches that users carry out over the three month period.[34] These reports indicate that users do not run inappropriate searches.[34]

Enacted state legistlation

Starting in 2020, Idaho, followed by Utah, Tennissee, and Oklahoma, passed laws criminalizing research databases.[35][8] The language for all of these bills are quite similar to each other: the bills require companies providing K-12 databases to each of these states to verify that database content is free of obscene or pornographic content, requiring filtering of said content, and nullifying the contracts with any vendor that is beleived to have served up such content. [5][36][37][38][39]

Nationally, schools already filter web-based content, including research databases, in order to recieve federal funding for internet access.[3] State Representative Andy Fugate of Oklahoma notes that the Oklahoma bill comes from a piece of model legistlation with political, rather than educational, goals.[5]

Idaho was the first state to pass this legistlation, in 2020, although it essentially mirrored K-12 internet use policies that had been in place for a decade.[1] [40] The bill sponsor claimed that "these databases are offline and not subject to internet filters."[41][1] This claim is untrue.[16][1] The bill, HB522 (2020) passed and was codified as Section 33-137 of the Idaho State Code.[37] The Idaho Commission for Libraries, the official name of the state library, created a seperate web portal for K-12 statewide database access with restricted services to comply with Code 33-137.[42]

Utah was the second state to pass a bill, HB38, in the 2021 legistlative season.[35] Tennesee's SB2292/HB2454, which became Pub. Ch. 1002,[8][36] followed in 2022.

After Oklahoma passed HB3702 in 2022, high school students in advanced classes reported trouble undertaking the required research, because a library staff member at University of Oklahoma had to sit with them and "mediate" all their searches.[5] The Oklahoma law removes exemptions from prossecution for "employees of school districts, charter schools, virtual charter schools, state agencies, public libraries, and universities" who create "willful violations."[5][38]

From 2020 to 2022, similar bills died in Minnesota, Texas, and Nebraska.[1] A resolution to launch a task force to investigate research databases also died in Hawaii.[1]

Current pending legistlation

References

  1. ^ a b c d e f g h i j k l m "POLICY BRIEF: Weathering the Attacks on State Library Database Contracts - Policy Report". EveryLibrary Institute. Retrieved 2024-03-20.
  2. ^ a b c d e f g SNOWDON, QUINCY (2018-10-11). "Conservative law firm files suit against educational database that allegedly provided access to porn in Cherry Creek schools". Sentinel Colorado. Retrieved 2024-03-19.
  3. ^ a b c d e f g h i j k l Natanson, Hannah (2022-05-11). "The next book ban: States aim to limit titles students can search for". Washington Post. ISSN 0190-8286. Retrieved 2024-03-19.
  4. ^ a b c Zubrzycki, Jaclyn (2017-07-14). "Do Online Databases Filter Out Enough Inappropriate Material?". Education Week. ISSN 0277-4232. Retrieved 2024-03-20.
  5. ^ a b c d e f Taylor, Jillian (2022-12-15). "Oklahoma law impacts K-12 research in OU Libraries, mirrors bills targeting academic databases nationwide". OU Daily. Retrieved 2024-03-20.
  6. ^ a b HERTHER, NANCY (2019-03-25). "ATG Original: Censorship & The Struggle Over Content in The Internet Age: Part 1". Charleston Hub. Retrieved 2024-03-19.
  7. ^ a b Office of Intellectual Freedom (2023-03-20). "Book Ban Data". American Library Association. Retrieved 2024-03-20.
  8. ^ a b c "New Tennessee laws to take effect July 1, 2022". Local3News.com. 2022-07-01. Retrieved 2024-03-20.
  9. ^ EveryLibrary (2023-06-20). "Unpacking 2023 Legislation of Concern for Libraries". EveryLibrary. Retrieved 2024-03-20.
  10. ^ Vaughn, Jason (2022-05-16). "TN Law To Protect Students From Digital Obscenity & Pornography To Go Into Effect For Fall Semester". Tennessee Conservative. Retrieved 2024-03-20.
  11. ^ "Frequently Asked Questions » Britannica". Britannica. Retrieved 2024-03-20.
  12. ^ "Middle Online Package | EBSCO". www.ebsco.com. Retrieved 2024-03-20.
  13. ^ "Middle Search Plus Periodical Title List". www.ebsco.com. Retrieved 2024-03-20.
  14. ^ Scharn, Tracy. "LibGuides: General Guide to Library Research: When You Hit a Paywall". oit.libguides.com. Retrieved 2024-03-20.
  15. ^ "The Digital Closet". MIT Press. Retrieved 2024-03-20.
  16. ^ a b c d e f g h LaRue, James (Fall 2017). "False Witness: Morality in Media and EBSCO". Journal of Intellectual Freedom and Privacy. 2 (3–4): 13–19.
  17. ^ a b Bray, Hiawatha (2018-10-19). "EBSCO accused of including smut in school databases". Boston Globe. Retrieved 2024-03-20.
  18. ^ a b c "Lawsuit alleging Colorado libraries pushed porn is dismissed". The Denver Post. 2019-03-08. Retrieved 2024-03-19.
  19. ^ a b c d Seter & Vander Wall, P.C. (2019-03-06). "MEMORANDUM to Poudre River Public Library District" (PDF). Poudre River Public Library District.
  20. ^ a b c d e f Rodgers, Bethany (2020-09-17). "The danger in Utah schools — porn or censorship?". The Salt Lake Tribune. Retrieved 2024-03-19.
  21. ^ "Regular Board of Education Meeting Minutes". Cherry Creek School District Boarddocs. 2017-01-09.
  22. ^ LaRue, Jamie (2018-10-12). "Education is not pornography". Intellectual Freedom Blog. Retrieved 2024-03-19.
  23. ^ "How schools & libraries bring pornography to vulnerable children". www.massresistance.org. Retrieved 2024-03-19.
  24. ^ a b Augé, Karen (2019-04-02). "Protecting kids from porn? Assaulting free speech? Library critics take aim at public databases". The Colorado Sun. Retrieved 2024-03-19.
  25. ^ Quinn, Annalisa (2013-04-02). "Book News: American Library Association, Barnes & Noble Called 'Facilitators Of Porn'". NPR.
  26. ^ Stoddard, Martha (2022-02-21). "Bill aims to block Nebraska students from accessing obscene materials". Omaha World-Herald. Retrieved 2024-03-19.
  27. ^ "Colorado Judicial Branch - Glossary of terms". www.courts.state.co.us. Retrieved 2024-03-19.
  28. ^ "With prejudice". Legal Information Institute of Cornell University Law School. Retrieved 2024-03-19.
  29. ^ Ciesielka, Tom. "Your Kids Can Access Porn Through This Popular School Database". Charisma News. Retrieved 2024-03-19.
  30. ^ "Important Update about challenges to EBSCO databases – IUPUI Department of Library and Information Science". blogs.iu.edu. Retrieved 2024-03-20.
  31. ^ ALSC Intellectual Freedom Committee (2018-12-15). "Censoring Databases". ALSC Blog. Retrieved 2024-03-20.
  32. ^ Roberts, Chris (2018-09-21). "Beyond The Books: Utah mom finds pornographic pics on Utah Education Network database". KUTV. Retrieved 2024-03-19.
  33. ^ Bauld, Andrew. "As Censors Target Online Resources, Student Searches Come Up Empty". School Library Journal. Retrieved 2024-03-20.
  34. ^ a b c d "EBSCO Quarterly Report 2019 for Utah Education Network (UEN)" (PDF). Utah Education Network. 2019-12-31.
  35. ^ a b "Hundreds of new Utah laws take effect Wednesday — what changes for you?". Deseret News. 2023-12-20. Retrieved 2024-03-20.
  36. ^ a b "Tennessee General Assembly Legislation". wapp.capitol.tn.gov. Retrieved 2024-03-20.
  37. ^ a b "HOUSE BILL 522 – Idaho State Legislature". Retrieved 2024-03-20.
  38. ^ a b "Bill Information". www.oklegislature.gov. Retrieved 2024-03-20.
  39. ^ "HB0038". le.utah.gov. Retrieved 2024-03-20.
  40. ^ "Section 33-137 – Idaho State Legislature". Retrieved 2024-03-20.
  41. ^ "MINUTES: HOUSE EDUCATION COMMITTEE" (PDF). Idaho Legistlature. 2020-02-24. p. 119. Retrieved 2024-03-21.
  42. ^ Baker, Dylan (2020-06-24). "Lilischools.org Brings Students a Scaled-Down Research Option — in Compliance with New Idaho Code 33-137". Idaho Commission for Libraries. Retrieved 2024-03-20.

False Witness

2017 OIF got first-ever challenge to database: EBSCO

As of writing, spread to almost a dozen other states

--some schools just shut down EBSCO without much analysis, Others offowed their policies and retained it bc does nto break policies

--challenges used language from NCOSE (formerly Morality in Media) -- was faith-based at founding in 1962, now many web filter companies

--Dirty Dozen: 2017 and 2018 include EBSCO (also Amazon, Amnesty International, and various popular social media companies): "EBSCO....

-- NCOSE conflates pornography and obscenity (only second is a legal term)

--“Explora, Science Reference Center, Literary Reference Center, and other products, provide easy access to hardcore pornography sites and extremely graphic sexual content. Innocent searches provide pornographic results. Via a system that bypasses school Internet filters, EBSCO brings the dark world of XXX to America’s elementary, middle, and high school children” (NCOSE 2018d).

--Mounted attack through Social Media (esp Facebook) -- goal:grab media attention

--Responded to Intellectual Freedom Blog Post with long explanation and a lot of it is untrue --"generally false"

*Used word "obscene" to describe, but no obscentiy charges brought against EBSCO becasue legal term and claim not supportable (ME: actually trying to change that definition now)

Reviewed top 100 search terms across the country, no pronographic terms

Most people searching o=pornographic terms probably adults

EBSCO usually purchased at state level for K-12

Content, like magazines in grocery stores may sometimes contain discussion of human sexuality

BUT not purpose or focus

inflamatory and alarmist attacks

ALA OIF not aware of any reports of minsor seeking or finding illegal or even pornographic content through EBSCO

Colorado Sun: Protecting kids from porn? Assulting free speech?

librarians accused of purposefully peddling online porn to kids

lawsuit did not alledge that EBSCO was carelessly allowing materials to slip through, but that deliberately promulgating porn; CLiC complicit

Dismissed in late Feb, 2019 -- Heffron claimed planning to find others of the 55,009+ schools with EBSCO and bring more suits

Spread to Indiana and Utah

Dirty Dozen includes United Airlines and Netflix

Public libraries have to protect everyone's rights to content -- so some of their databases might contain material aimed at adults, but not include pornography

Washington Post: States aim to limit book titles students can search for (new book bans)

republican lawmakers nationswide proposing legistlation target library databases abd library management technology

Enacted already in Utah and TN, bill in Nebraska -- unprecidented

"epidemic of sexual content"

ties to book banning -- race, racism, history, sex and gender identiy

access content behind paywalls

CIPA goes back to 2000 Pres Clinton -- requires schools to filter if they want federal $ for tech

CIPA + 1974 Family Educational Rights and Privacy Act (FERPA) -- protect studetns online privacy -- forced library databases providers to exclude pornography and other content (me: if there was any... really!!)

Colorado lawsuit -- parents claimed they found articles with links to sexual content when using their teenage daughter's EBSCO acct

--NCOSE also conducted their own search after that and claimed they found links

EBSCO never got reports of ss using linnks to access porn, but did full reassessment in response to NCSCO

--cleaned up some issues (link creation technology); gave individual schools control tools

then, Utah and Nicholeen Peck (https://www.standforthefamilyconference.org/schedules/speakers/nicholeen-peck/; https://famousmormons.net/famous-mormon-authors/nicholeen-peck-mormon-author-bbc-star/)

found pornography "after 45 minutes of searching"

--such as, picture of a woman in her underwear

Utah cancelled access to EBSCO for all 650,000 students--officials reviewed allegations, upped filters

Unanamous vote in Utah Education and Telehealth Network Board to restore -- exec director noted they have not been able to replicate

March 16, 2021 voted in and signed Utah bill

WaPo reports not seem to be inspired by particular reported incedents of kid's encountering anything

Albrecht (NE) was concerned after demonstration from a grandmother (blogger???) --bill failed in 2021, 2022.....

UT: Travis Seegmiller sponored bill 2021 regulating datbaases -- did not provide examples

Parents have different definitions of what is pornography

Lincoln Journal Star: Bill aims to block nebraska students from (https://omaha.com/news/state-and-regional/govt-and-politics/bill-aims-to-block-nebraska-students-from-accessing-obscene-materials/article_b6112308-89db-11ec-818f-ab066774e1e5.html)

Marilyn Asher https://nebraskavoterguide.com/candidates/marilyn-arant-asher searched databases and found items that she beleives are porngraphy

--searching through "links and databases"

Work with Sen Joni Albrecht of Thurston -- LB1213 (2022)

--Albrecht says it is her priority

Also not heard of anyone accidentally encountering this type of content

NE law would require blocking and filtering of databases, though not other open-web content

--set up individual accounts for each student

--give parents access to their studetns' account

--otherwise, lose contract with state; could be sued by parent or students

Neither Albrecht noe Asher knew of a time when students have encoutnered this type of source

Asher: few clicks away from thge home page; through a link in an article

"Sometimes you have to go quite a ways to find it"

--Asher was also looking at databases for the general public, not K-12

Also, all public schools and half of private schools in the state use filters; often school-provided devices have filters

Matt Heffron helped craft LB1213 -- hope it will become model legistlation

EdSurge: Why are some parents trying to take school library databases offline?

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