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Lost In The Stacks Again?

By Jonathan Bick
February 28, 2006

Congressional funding has provided millions of Americans access to the Internet at public libraries. Reacting to complaints that library users were accessing pornographic and obscene materials, Congress enacted The Children's Internet Protection Act (CIPA) (codified at 20 U.S.C. 9134 (2001) and 47 U.S.C. 254(h) (2001)), which mandates that libraries receiving federal funding install Internet filters.

Due to technological limitations, these filters block more Internet access than necessary, keeping adult patrons from accessing constitutionally protected material. The Supreme Court upheld the law, finding it a valid exercise of Congress' spending power. United States v. Am. Library Ass'n, 539 U.S. 194 (2003). However, Tenth Amendment challenges in the federal courts could result in the Supreme Court being forced to take a second look at CIPA's validity.

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