United States, et al. v. American Library Association, Inc., et al. (539 U.S. 194)
U.S. Supreme Court · decided June 23, 2003 · Supreme Court Database (Spaeth)
- Citation
- 539 U.S. 194 · 123 S. Ct. 2297
- Decided
- June 23, 2003
- Term
- October Term 2002
- Vote
- 6–3
- Majority author
- Justice Rehnquist
- Issue area
- First Amendment
- Disposition
- Reversed
- Outcome
- Petitioning party won
- Ideological direction
- Conservative
Opinion excerpt
Chief Justice Rehnquist announced the judgment of the Court and delivered an opinion, in which Justice O’Con-nor, Justice Scalia, and Justice Thomas joined. To address the problems associated with the availability of Internet pornography in public libraries, Congress enacted the Children’s Internet Protection Act (CIPA), 114 Stat. 2763A-335. Under CIPA, a public library may not receive federal assistance to provide Internet access unless it installs software to block images that constitute obscenity or child pornography, and to prevent minors from obtaining access to material that is harmful to them. The District Court held these provisions facially invalid on the ground that they induce public libraries to violate patrons’ First Amendment rights. We now reverse. To help public libraries provide their patrons with Internet access, Congress offers two forms of federal assistance. First, the E-rate program established by the Telecommunications Act of 1996 entitles qualifying libraries to buy Internet access at a discount. 110 Stat. 71, 47 U. S. C. § 254(h)(1)(B). In the year ending June 30, 2002, libraries received $58.5 million in such discounts. Redacted Joint Trial Stipulations of All Parties in Nos. 01-CV-1303, etc. (ED Pa.), ¶ 128, p. 16 (hereinafter Jt. Tr. Stip.). Second, pursuant to the Library Services and Technology Act (LSTA), 110 Stat. 3009-295, as amended, 20 U. S.…
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