The Scout Report
This morning, three federal judges overturned the Children's Internet
Protection Act and ruled that public libraries cannot be forced to use
Internet filters designed to block pornography. In the 195-page
decision, judges asserted that the Act went too far because the filters
could also block access to other legitimate sites, which is a violation
of the First Amendment.
The Act, which was signed by President Clinton
in 2000 and widely criticized by First Amendment advocates, would have required public
libraries to install the Internet filters, or risk losing federal
funding. This recent decision has been applauded by the American
Library Association
(ALA) and the American Civil Liberties Union (ACLU), which contends that
the
law is "unenforceable, unconstitutional, vague and overbroad."
Furthermore, they argue that it denies "poor people without home
computers the same access to information as their wealthier neighbors
because the software could mistakenly block Web sites on issues such as
breast cancer and homosexuality."
Prior to the Children's Internet Protection Act, two other
anti-Internet pornography laws were brought before federal judges for
constitutional challenges, and overturned. In 1996, the Communications
Decency Act (which made it a crime to put adult-oriented material
online where children can find it), was declared unconstitutional by
the Supreme Court; and in 1998, the 3rd US Circuit Court of Appeals
overturned the Child Online Protection Act (which required Web sites to
collect a credit card number or other
proof
of age before allowing Internet users to view material deemed "harmful
to minors"), stating it was too broad and vague. For more information
on the recent court decision regarding the Children's Internet
Protection Act, viewers can access the first link below.
The second link provides access to a full copy of the court's decision on the
case. Links three and four lead to home pages of the American Library
Association and the American Civil Liberties Union, respectively.
Lastly, links five, six, and seven provide access to copies of the
Children's Internet Protection Act; the 1998 House of Representatives
report on the Child Online Protection Act; and the 1996 Communications
Decency Act, respectively.[MG]
Children's Internet Protection Act Deemed Unconstitutional Federal
Judges Toss Out Online Pornography Law
http://www.cnn.com/2002/LAW/05/31/internet.filtering.ap/index.html
Full Text of the Court Decision
http://www.paed.uscourts.gov/documents/opinions/02D0415P.HTM
American Library Association
http://www.ala.org/cipa/
American Civil Liberties Union
http://www.aclu.org/
Children's Internet Protection Act http://www.ifea.net/cipa.html
1998 House Report on Child Online Protection Act
http://www.epic.org/free_speech/censorship/hr3783-report.html
Communications Decency Act Struck Down
http://www.epic.org/CDA/
In an email from:
Mary M. Langman, Manager
Information Issues and Policy
Medical Library Association
An Association of Health Information Professionals
65 East Wacker Place, Ste. 1900
Chicago, IL 60601-7298
312/419-9094, ext. 27
MLANET http://www.mlanet.org/
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