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Supreme Court Upholds Internet Filters 
 

By David McGuire
washingtonpost.com Staff Writer
Monday, June 23, 2003; 11:23 AM 


The U.S. Supreme Court today upheld a law that requires public libraries
to put anti-pornography Internet filters on their computers, or lose
federal funding.

The court, in a 6-3 decision, ruled that the Children's Internet
Protection Act does not violate the First Amendment.

The law was designed to keep children from looking at pornography on the
Internet, but the American Library Association and other groups argued
that it prevented adults from viewing constitutionally protected speech.

A special three-judge panel in Philadelphia sided with civil libertarians
in a May 2002 ruling.

Paul Smith, who represented the ALA in oral arguments on March 5, also
criticized filtering technology, arguing that the available tools are
blunt instruments that block not only porn, but family planning and sex
education material as well.

The government argued that the law allows communities to set their own
standards for what content would be filtered by school and library
computers. It also argued that filtering Internet content is no different
than the book-buying decisions that libraries make all the time. Adults,
the government also noted, can ask librarians to disable the filters.

CIPA marks Congress's third major attempt to shield children from
Internet smut. In 1997, the Supreme Court overturned most of the
Communications Decency Act (CDA), which banned online pornography. The
court also invalidated much of the Child Online Protection Act (COPA),
which required adult Web site operators to make it impossible for
children to gain access to their material.

Chief Justice William H. Rehnquist said the law, the Children's Internet
Protection Act, does not turn librarians into censors. Rehnquist's
opinion was joined by Justices Sandra Day O'Connor, Antonin Scalia and
Clarence Thomas.

Justices Anthony M. Kennedy and Stephen Breyer, in separate opinions,
said the government's interest in protecting young library users from
inappropriate material outweighs the burden on library users having to
ask staff to disconnect filters.

Justice John Paul Stevens, David H. Souter and Ruth Bader Ginsburg said
the law went too far in restricting material in public libraries, which
are used by more than 14 million people annually.

-----

"Christians, it is needless to say, utterly detest each other.  They
slander each 
other constantly with the vilest forms of abuse and cannot come to any
sort of 
agreement in their teachings.  Each sect brands its own, fills the head
of its own 
with deceitful nonsense, and makes perfect little pigs of those it wins
over to its
side."
- Celsus (2nd century C.E.) 
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