the county chair and confirmed by the other
commissioners. The SCLS is an aggregation of 51 independently
governed statutory member public libraries, whose relationship to
SCLS is defined by state law. The governing body of the SCLS is the
Library Board of Trustees, which consists of 20 members nominated by
county executives and ratified by county boards of supervisors. 2.
Patron and Patron Association Plaintiffs
Plaintiffs Association of Community Organizations for Reform Now,
Friends of the Philadelphia City Institute Library, and the Pennsylvania
Alliance for Democracy are nonprofit organizations whose members
include individuals who access the Internet at public libraries that
receive E-rate discounts or LSTA funds for the provision of public
Internet access. We note for the purpose of associational standing that
the interests that these organizations seek to protect in this litigation are
germane to their purposes. Plaintiffs Emmalyn Rood, Mark Brown,
Elizabeth Hrenda, C. Donald Weinberg, Sherron Dixon, by her father
and next friend Gordon Dixon, James Geringer, Marnique Tynesha
Overby, by her next friend Carolyn C. Williams, William J.
Rosenbaum, Carolyn C. Williams, and Quiana Williams, by her mother
and next friend Sharon Bernard, are adults and minors who use the
Internet at public libraries that, to the best of their knowledge, do not
filter patrons' access to the Internet. Several of these plaintiffs do not
have Internet access from home. Emmalyn Rood is a sixteen-year-old
who uses the Multnomah County Public Library. When she was 13, she
used the Internet at the Multnomah County Public Library to research
issues relating to her sexual identity. Ms. Rood did not use her home or
school computer for this research, in part because she wished her
searching to be private. Although the library offered patrons the option
of using filtering software, Ms. Rood did not use that option because
she had had previous experience with such programs blocking
information that was valuable to her, including information relating to
gay and lesbian issues.
Plaintiff Mark Brown used the Internet at the Philadelphia Free Library
to research breast cancer and reconstructive surgery for his mother who
had breast surgery. Mr. Brown's research at the library provided him
and his mother with essential information about his mother's medical
condition and potential treatments. 3. Web Publisher Plaintiffs Plaintiff
Afraid to Ask, Inc., based in Saunderstown, Rhode Island, publishes a
health education Web site, www.AfraidtoAsk.com. Dr. Jonathan
Bertman, the president and medical director of Afraid to Ask, is a
family practice physician in rural Rhode Island and a clinical assistant
professor of family medicine at Brown University. AfraidtoAsk.com's
mission is to provide detailed information on sensitive health issues,
often of a sexual nature, such as sexually transmitted diseases, male and
female genitalia, and birth control, sought by people of all ages who
would prefer to learn about sensitive health issues anonymously, i.e.,
they are "afraid to ask." As part of its educational mission,
AfraidtoAsk.com often uses graphic images of sexual anatomy to
convey information. Its primary audience is teens and young adults.
Based on survey data collected on the site, half of the people visiting
the site are under 24 years old and a quarter are under 18.
AfraidtoAsk.com is blocked by several leading blocking products as
containing sexually explicit content.
Plaintiff Alan Guttmacher Institute has a Web site that contains
information about its activities and objectives, including its mission to
protect the reproductive choices of women and men. Plaintiff Planned
Parenthood Federation of America, Inc. ("Planned Parenthood") is a
national voluntary organization in the field of reproductive health care.
Planned Parenthood owns and operates several Web sites that provide a
range of information about reproductive health, from contraception to
prevention of sexually transmitted diseases, to finding an abortion
provider, and to information about the drug Mifepristone. Plaintiff
Safersex.org is a Web site that offers free educational information on
how to practice safer sex. Plaintiff Ethan Interactive, Inc., d/b/a Out In
America, is an online content provider that owns and operates 64 free
Web sites for gay, lesbian, bisexual and transgendered persons
worldwide. Plaintiff PlanetOut Corporation is an online content
provider for gay, lesbian, bisexual and transgendered persons. Plaintiff
the Naturist Action Committee ("NAC") is the nonprofit political arm
of the Naturist Society, a private organization that promotes a way of
life characterized by the practice of nudity. The NAC Web site
provides information about Naturist Society activities and about state
and local laws that may affect the rights of Naturists or their ability to
practice Naturism, and includes nude photographs of its members.
Plaintiff Wayne L. Parker was the Libertarian candidate in the 2000
U.S. Congressional election for the Fifth District of Mississippi (and is
running again in 2002). He publishes a Web site that communicates
information about his campaign and that provides information about his
political views and the Libertarian Party to the
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