|
| U.S. Supreme Court | Topics | Toni Egbert Library | NEF Home page |
SUPREME COURT OF THE UNITED STATES
No. 02-361
June 23, 2003
UNITED STATES et al.
v.
AMERICAN LIBRARY ASSOCIATION, INC., et al.
APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA
FILES AVAILABLE IN PDF FORMAT
PLAINTIFFS IN ONE OF TWO ORIGINAL LAWSUITS ON THIS MATTER
MULTNOMAH COUNTY PUBLIC LIBRARY
CONNECTICUT LIBRARY ASSOCIATION
MAINE LIBRARY ASSOCIATION
SANTA CRUZ PUBLIC LIBRARY JOINT POWERS AUTHORITY
SOUTH CENTRAL LIBRARY SYSTEM
WESTCHESTER LIBRARY SYSTEM
WISCONSIN LIBRARY ASSOCIATION
MARK BROWN
SHERRON DIXON BY HER FATHER AND NEXT FRIEND GORDON DIXON
JAMES GERINGER
MARNIQUE TYNESHA OVERBY BY HER AUNT AND NEXT FRIEND CAROLYN C. WILLIAMS
EMMALYN ROOD BY HER MOTHER AND NEXT FRIEND JOANNA ROOD
WILLIAM J. ROSENBAUM
CAROLYN C. WILLIAMS
QUIANA WILLIAMS BY HER MOTHER AND NEXT FRIEND SHARON BERNARD; AFRAIDTOASK.COM
ALAN GUTTMACHER INSTITUTE
ETHAN INTERACTIVE, INC. D/B/A OUT IN AMERICA
NATURIST ACTION COMMITTEE
WAYNE L. PARKER
PLANNED PARENTHOOD FEDERATION OF AMERICA, INC.
PLANETOUT.COM
JEFFERY POLLOCK
SAFERSEX.ORG
(Bench Opinion) OCTOBER TERM, 2002 1
Syllabus
NOTE: Where it is feasible, a syllabus (headnote) will be released, as is
being done in connection with this case, at the time the opinion is issued.
The syllabus constitutes no part of the opinion of the Court but has been
prepared by the Reporter of Decisions for the convenience of the reader.
See United States v. Detroit Timber & Lumber Co., 200 U. S. 321, 337.
SUPREME COURT OF THE UNITED STATES
Syllabus
UNITED STATES ET AL. v. AMERICAN LIBRARY ASSOCIATION, INC., ET AL.
APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA
No. 02.361. Argued March 5, 2003. Decided June 23, 2003
Two forms of federal assistance help public libraries provide patrons with Internet access: discounted
rates under the E-rate program and grants under the Library Services and Technology Act (LSTA). Upon discovering that library patrons, including minors, regularly search the Internet for pornography and
expose others to pornographic images by leaving them displayed on Internet terminals or printed at library printers, Congress enacted the Children.s Internet Protection Act (CIPA), which forbids public
libraries to receive federal assistance for Internet access unless they install software to block obscene or pornographic images and to prevent minors from accessing material harmful to them. Appellees, a group
of libraries, patrons, Web site publishers, and related parties, sued the Government, challenging the constitutionality of CIPA.s filtering provisions. Ruling that CIPA is facially unconstitutional and
enjoining the Government from withholding federal assistance for failure to comply with CIPA, the District Court held, inter alia, that Congress had exceeded its authority under the Spending Clause
because any public library that complies with CIPA.s conditions will necessarily violate the First Amendment; that the CIPA filtering software constitutes a contentbased restriction on access to a
public forum that is subject to strict scrutiny; and that, although the Government has a compelling interest in preventing the dissemination of obscenity, child pornography, or material harmful to minors,
the use of software filters is not narrowly tailored to further that interest.
Held: The judgment is reversed.
201 F. Supp. 2d 401, reversed.
| Top | U.S. Supreme Court | Topics | Toni Egbert Library | NEF Home page |
|
