WASHINGTON (AP) - A divided Supreme Court ruled Monday that
Congress can force the nation's public libraries to equip computers
with anti-pornography filters.
The blocking technology, intended to keep smut from children,
does not violate the First Amendment even though it shuts off some
legitimate, informational Web sites, the court held.
The 6-3 ruling reinstates a law that told libraries to install
filters or surrender federal money. Four justices said the law was
constitutional, and two others said it was allowable as long as
libraries disable the filters for patrons who ask. The court
described pornography in libraries as a serious problem.
"To the extent that libraries wish to offer unfiltered access,
they are free to do so without federal assistance," the main ruling
said.
Judith Krug, with the American Library Association, predicted
that many libraries would consider turning down the money rather
than installing filters. "We can't govern ourselves effectively if
we don't have information available. It's not up to the filtering
companies to decide," she said.
It was victory for Congress, which has struggled to find ways to
shield children from pornographic Internet sites. Congress has
passed three laws since 1996; the first was struck down by the
Supreme Court and the second was blocked by the court from taking
effect.
The first two laws dealt with regulations on Web site operators.
The latest approach, in the 2000 law, mandated that public libraries
put blocking technology on computers as a condition for receiving
federal money. Libraries have received about $1 billion since 1999
in technologies subsidies, including tax money and
telecommunications industry fees.
Rep. Ernest Istook, R-Okla., the principle author of the law,
said the government has spent millions of dollars to improve
Internet access for public libraries, "and now the U.S. Supreme
Court has ruled that we don't have to subsidize everything that
might come in."
The government had argued that libraries don't have X-rated
movies and magazines on their shelves and shouldn't have to offer
access to pornography on their computers.
Librarians and civil liberties groups countered that filters are
censorship and that they block valuable information. Filter
operators must review millions of Web sites to decide which ones to
block.
Chief Justice William H. Rehnquist said the law, the Children's
Internet Protection Act, does not turn librarians into censors.
A three-judge federal panel in Pennsylvania ruled last year that
the law was unconstitutional because it caused libraries to violate
the First Amendment. The filtering programs block too much
nonpornographic material, the panel found.
The Supreme Court disagreed. 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.
"A statutory blunderbuss that mandates this vast amount of
overblocking abridges the freedom of speech protected by the First
Amendment," Stevens wrote.
Even without the law in place, some libraries use filtering
software on their computers, with varying degrees of success in
screening out objectionable material. Other libraries have varying
policies that encourage parents to monitor their children's Internet
use.
"We challenged this law because filters are very blunt
instruments that block more than illegal speech, including a great
deal of speech that is not even sexual in nature at all," said Paul
M. Smith, the Washington attorney who represented the American
Library Association. "We're disappointed that the court said that
this one-size fits-all answer is the way to handle this problem of
sexual content on the Internet in the library setting."
The case is United States v. American Library Association,
02-361.
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