United States v. American Library Assn., Inc.

2003-06-23

Headline: Libraries' Internet-filter requirement upheld; Court reverses lower court and allows Congress to require filters as a condition for federal discounts, affecting public libraries, adult patrons, and website publishers.

Holding: The Court reversed the lower court and held that Congress may require public libraries to install Internet-filtering software to receive E-rate and LSTA federal assistance without violating the First Amendment.

Real World Impact:

Libraries must install Internet filters to receive federal discounts and grants.
Adults can request unblocking or disabling, though delays may prompt legal challenges.
Leaves room for as-applied challenges where unblocking is burdensome.

Topics: internet filtering, library access, first amendment, federal funding, child protection

Summary

Background

The federal government passed the Children’s Internet Protection Act (CIPA), which bars public libraries from receiving two types of federal assistance unless they use filtering software that blocks obscenity, child pornography, and material harmful to minors. The E-rate program and LSTA grants provide discounts and funding to libraries; the record shows substantial national funding and near-universal Internet access in libraries. A group of libraries, library associations, patrons, and Web publishers sued, and a three-judge District Court held CIPA facially unconstitutional, blocking enforcement.

Reasoning

The Supreme Court reversed. It asked whether libraries would themselves violate the First Amendment by using the filters CIPA requires. The plurality concluded that Internet access in libraries is not a traditional or designated public forum and treated filtering as a collection or editorial judgment akin to other library selection decisions. The Court acknowledged that filters sometimes “overblock” protected sites but said libraries can unblock or disable filters for bona fide research and that Congress may condition federal spending. Justice Kennedy concurred emphasizing that prompt unblocking is important; Justice Breyer concurred applying a heightened “fit” review and also upheld the law.

Real world impact

Public libraries that want E-rate discounts or LSTA grants must adopt and operate filtering technology and Internet-safety policies. Adults may ask librarians to unblock or disable filters, and libraries may provide unfiltered access if they forgo federal assistance. The decision leaves open potential as-applied challenges if unblocking is impractical or unduly delayed.

Dissents or concurrances

Justices Stevens and Souter dissented, warning that widespread overblocking and underblocking will censor lawful adult speech and that conditioning funds in this way coerces libraries; they would have upheld the District Court.