Fall 2002

The Trustee communicates issues affecting libraries and library services. Once a library and systems join LTA, all their trustees automatically receive this quarterly publication published by LTA. To learn more about membership in LTA, Click Here.

Legislative Update: More on CIPA-- The Children's Internet Protection Act

By Robert N. Wells, NYSALB Trustee, Legislative Chair

Fall 2002 issue of Trustee

The three-judge panel sitting in the Eastern District of Pennsylvania held that "we are constrained to conclude that the plaintiffs (ALA) must prevail in their contention that CIPA requires them to violate the First Amendment rights of their patrons and accordingly is facially invalid."  The three-judge panel ruled Sections 1712(9)(2) and 1721(b) of CIPA to be facially invalid under the First Amendment and permanently enjoined the government from enforcing those provisions.

Furthermore, the three-judge panel in the CIPA case held that the FCC and IMLS cannot withhold funds on the grounds that a public library has failed to install mandatory filters on every computer. The Court held that "because of the inherent limitations in filtering technology, public libraries can never comply with CIPA without blocking access to a substantial amount of speech that is both constitutionally protected and fails to meet even the filtering companies' own blocking criteria."  While this decision is directly binding only on the agencies and is not a directive to any particular library, the factual findings and legal conclusions of the Court may serve as useful precedents for other lower courts.

The Justice Department, acting on behalf of the FCC and IMLS, formally notified the U.S. Supreme Court on June 20, 2002 that it would appeal this ruling.

Copyright © 2010-2017 Prominence Solutions     |     Development & Hosting by Prominence Solutions     |     Site Map