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Supreme Court Agrees to Hear CIPA SuitThe Supreme Court agreed November 12 to review the Children’s Internet Protection Act, whose constitutionality the American Library Association challenged last year. The Justice Department appealed the case after a three-judge panel in Philadelphia overturned CIPA because it forces public libraries that accept federal funds to filter Internet access for all users, even though its stated aim is to shield only minors from sexually explicit content. ALA attorney Paul M. Smith told the Associated Press November 12 that CIPA’s provisions “take a meat-ax approach to an area that requires far more sensitive tools.” The lower court had suggested as alternative approaches having public libraries require parental permission for children to use unfiltered machines, or that parents be on hand to supervise their youngsters’ Internet sessions at the library. The case, United States v. American Library Association, does not contest CIPA’s requirement that federally funded school libraries also filter. However, ACLU attorney Ann Brick told the September 18 CNet online news service that the ACLU would await the outcome of ALA’s suit before deciding whether to challenge CIPA’s school-library provisions. The Justice Department brief will be filed by December 27 and ALA’s reply is due by January 27. Oral arguments are expected in the spring, with a decision anticipated this summer. Posted November 18, 2002. |
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