Legal – Cases – Mainstream Loudoun v. Board

Case Name: 
Mainstream Loudoun et. al. v. Board of Trustees of the Loudoun County Library, Case No. 97-cv-02049-LMB,  U.S. District Court Eastern District of Virginia. Judge Leonie M. Brinkema presiding, filed December 22, 1997.

After the Loudoun County Public Library board voted to install X-Stop filtering software on all publicly accessible computers, the People for the American Way sued on behalf of library patrons.  The suit was later joined by the ACLU on behalf of the website owners blocked by X-Stop.  After a discovery period, both sides motioned for summary judgment, and the judge struck down the library policy as “overinclusive” and as a “prior restraint.” 

The library board voted not to appeal the ruling.  In 2003 litigation over the Children’s Internet Protection Act, a plurality of the U. S. Supreme Court held that, “public libraries’ use of Internet filtering software does not violate their patrons’ First Amendment rights.”


Chronology & Legal Documents:
12/22/97    People for the American Way files complaint
02/02/98    Defendants file Motion to Dismiss.
02/06/98    ACLU files Motion to Intervene and Brief in Support
04/07/98    Court denies Motion to Dismiss, issues 1st ruling
04/20/98    Defendant files reply to PFAW and ACLU Complaints
08/15/98    Defense submits expert report from David Burt
08/15/98    Defense submits expert report from Donna Rice Hughes
08/25/99    Plaintiffs submits expert reports from Joseph Janes
08/25/99    Plaintiffs submits expert reports from Karen Schneider
09/03/98    ACLU files Motion for Summary Judgment
09/04/98    Plaintiffs file Motion for Summary Judgment
09/04/98    Defendants file Motion for Summary Judgment
09/18/98    Defendants file Opposition Brief
09/23/98    PFAW files Response to Defendant’s opposition brief
09/25/98    Court hears arguments on Motions for Summary Judgment
11/23/98    Court issues ruling striking down policy

David Burt's website

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