United States v. American Library Assn.

A group of libraries, library associations, library patrons, and Web site publishers brought suit in federal district court against the United States alleging that the Children's Internet Protection Act (CIPA) is facially unconstitutional because it induces public libraries to violate their patrons' First Amendment rights. CIPA makes the use of filters by a public library a condition of its receipt of two kinds of subsidies: grants under the Library Services and Technology Act, and ”E-rate discounts” for Internet access under the Telecommunications Act. CIPA requires that libraries, in order to receive LSTA funds or E-rate discounts, certify that they are using a ”technology protection measure” that prevents patrons from accessing ”visual depictions” that are ”obscene,” ”child pornography,” or ”harmful to minors.” Applying strict scrutiny analysis, a three-judge panel of the Eastern District of Pennsylvania held that CIPA facially violates the First Amendment because the required filtering software will block access to substantial amounts of constitutionally protected speech whose suppression serves no legitimate government interest. The court also found that less restrictive alternatives exist that further the government's legitimate interest in preventing the dissemination of obscenity, child pornography, and material harmful to minors, and in preventing patrons from being unwillingly exposed to patently offensive, sexually explicit content.

Question Presented:
The Children's Internet Protection Act (CIPA), provides that a library that is otherwise eligible for special federal assistance for Internet access in the form of discount rates for educational purposes under the Telecommunications Act of 1996, or grants under the Library Services and Technology Act, may not receive that assistance unless the library has in place a policy that includes the operation of a ”technology protection measure” on Internet-connected computers that protects against access by all persons to ”visual depictions” that are ”obscene” or ”child pornography,” and that protects against access by minors to ”visual depictions” that are ”harmful to minors.”

The question presented is whether CIPA induces public libraries to violate the First Amendment, thereby exceeding Congress's power under the Spending Clause.

Decision under Review

Supreme Court Opinion

Commentary

Edited Case