Seth_Finkelstein writes "The Online Policy Group
(OPG) and I have
submitted a brief
to the U.S. Supreme Court
supporting
a lower court decision
that the
Children's Internet Protection Act (CIPA)
places unconstitutional limitations on free
speech of library patrons by requiring the use of technology protection
measures in libraries receiving certain federal funding or discounts.
The brief argues
that CIPA's technology protection requirement forces libraries to use
commercial blocking software. Because blocking software censors speech
that receives full First Amendment protection and may discriminate
against certain viewpoints, we argue that CIPA should
be subject to strict scrutiny.
In the words of OPG Executive Director Will Doherty, "By using commercial Internet blocking software to comply with CIPA,
libraries force the political, social, and cultural biases of software
manufacturers with differing community standards onto library patrons
in their own communities. Especially for 'controversial' topics -- such as politics, medical
health, child abuse, abortion, sexual orientation, and gender identity
-- the biases inherent in Internet blocking software are unacceptable."
"