The answer lies in the interpretation of a Supreme Court ruling, wherein Chief Justice Rehnquist argued that "Concerns over filtering software's tendency to erroneously ‘overblock' access to constitutionally protected speech ... are dispelled by the ease with which patrons may have the filtering software disabled."
While we argue over the meaning of the word "may" in this context --- while some argue that this is an option and others argue it is a requirement --- one thing not in question is that the only body that can settle this dispute is the Supreme Court itself. Perhaps, then, the more appropriate question to ask is: what is the end game, here?
Does Maggie Brooks intend go through the long, expensive, and distracting process of fighting this all the way to the Supreme Court? If not, at what point does she plan to concede? The overwhelming majority of libraries have interpreted the law as the Rochester Central Library has done, so either they or she is incorrect.
We have a $100 million dollar deficit in this county. If we're lucky, our children are graduating with decent educations --- and if they are, they're leaving; manufacturing jobs are disappearing even faster. Is there really nothing more important for our county executive to occupy her time with than the Central Library's Internet policy?
Thomas J Belknap, Rochester