United+States+v.+American+Library+Association

//United States, et al., Appellants v. American Library Association, Inc., et al.//

Argued: March 5, 2003 Decided: June 23, 2003
 * Important Dates**


 * Issue:** First Amendment rights (Freedom of speech & press)


 * Background:** In 2000 the Children's Internet Protection Act (CIPA) was passed to prevent minors from using Internet facilities in public libraries to access obscene images. Those that fail to install software to prevent such access would not receive federal aid that would otherwise be available in support of their Internet facilities.


 * Opinion of the Court:** Delivered by Chief Justice Rehnquist. The Court upheld the Children's Internet Protection Act. Internet access in public libraries is not a constitutionally protected public forum so certain kinds of access may be restricted for the good of the public. Adult users who wished for unrestricted access could request librarian assistance. The federal government has the authority to limit the programs it establishes.


 * Dissenting Opinion:** Delivered by Justice Stevens. CIPA is considered unconstitutional because it caused libraries to restrict free access to information.


 * Dissenting Opinion:** Justices Ginsburg & Souter. CIPA unfairly penalized adult library patrons in the interest of protecting minors.

p.354 & p.355