The Supreme Court announced Tuesday that
it will rule on whether the government can
require public libraries to install Internet
filters to block sexually explicit Web sites.
In the case U.S. v. American Library Association,
the court will decide if the government
can withhold federal funding from libraries
that refuse to install the computer filters.
Last spring, a federal panel in Pennsylvania
ruled that the Children’s Internet Protection
Act violates First Amendment rights because
the filters also block non-sexually explicit
sites.
We hope the Supreme Court agrees and rules
along the same vein as the Pennsylvania
court on the current case before them.
Public libraries should not be coerced into
installing filters, and the government is
using coercion by threatening to withhold
federal funding if they do not comply with
the demands.
The fact is, there are other less restrictive
and less coercive ways to shield children
from Internet pornography.
Libraries can simply require that children
have written parental consent before they
are allowed to use an unfiltered computer,
or libraries can require that a parent accompany
a child when he or she needs to use the
Internet.
The most valid argument against the proposed
requirement is that it would block extensive
amounts of useful, non-pornographic information,
information that is protected under the
First Amendment.
The Supreme Court has struck down or blocked
the last two lawmaker-passed child protection
laws that involved Internet regulations.
In order to protect First Amendment rights,
the Supreme Court must maintain a commitment
to the rights granted to us in the U.S.
Constitution.