A federal appeals court has invalidated a law requiring public libraries to install filters on their computers to combat pornography.
A three-judge panel of the Third Circuit Court of Appeals ruled unanimously the Children’s Internet Protection Act (CIPA) violated the U.S. Constitution by mandating public libraries that receive government Internet discounts maintain blocking software. The decision, however, did not overturn the law’s application to libraries in public schools.
The May 31 opinion was the latest in a series of defeats Congress has suffered in federal courts in an effort to protect children from online pornography.
CIPA, which was approved in late 2000, required libraries to install technology to screen out obscenity and child pornography on all computers and soft-core porn and other harmful material on those used by children. The judges, however, said in their opinion it had been demonstrated the leading filters block thousands of pages of constitutionally protected speech.
“We are sympathetic to the position of the government, believing that it would be desirable if there were a means to ensure that public library patrons could share in the informational bonanza of the Internet while being insulated from materials that meet CIPA’s definitions. … Unfortunately this outcome, devoutly to be wished, is not available in this less than best of all possible worlds,” the panel said.
“In view of the limitations inherent in the filtering technology mandated by CIPA, any public library that adheres to CIPA’s conditions will necessarily restrict patrons’ access to a substantial amount of protected speech, in violation of the First Amendment.”
Civil libertarians applauded the ruling, but pro-family advocates criticized it.
“Once again, adults in the form of these federal judges have shown they are more concerned about upholding the privileges and so-called rights of adults than they are in protecting the safety and welfare of our nation’s children,” said Richard Land, president of the Southern Baptist Ethics & Religious Liberty Commission. “When children at public libraries are given unfiltered access to obscene material, it causes life-changing and spirit-stunting damage.” (BP)
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