This Note will examine the constitutional issues raised by installing Internet filtering software in public libraries. Part I explores the First Amendment, the standard of review for restricting Internet material, and the government's role in protecting minors and regulating speech. Part II discusses library patrons' First Amendment rights in public libraries. Part III provides the statutory framework of the E-rate and LSTA programs, as well as the Children's Internet Protection Act (CIPA). Part IV examines the effectiveness of current Internet filtering technology and provides the American Library Association's policies on Internet filtering in public libraries. Part V discusses the district court's and the Supreme Court's reasoning in United States v. American Library Associations, Inc. Finally, Part VI analyzes how the Supreme Court erred in failing to hold CIPA unconstitutional.
Michael B. Cassidy,
To Surf and Protect: The Children's Internet Protection Act Policies Material Harmful to Minors and a Whole Lot More,
Mich. Telecomm. & Tech. L. Rev.
Available at: https://repository.law.umich.edu/mttlr/vol11/iss2/6