CIPA remarks by Theresa Chmara

Theresa Chmara

Jenner & Block, Washington, D.C.

Counsel for Plaintiffs in ALA vs. United States

Challenge to the Children’s Internet Protection Act

We have filed a lawsuit today on behalf of public libraries and patrons of public libraries challenging the recently enacted Children’s Internet Protection Act.

The Children’s Internet Protection Act is unconstitutional. Congress has mandated the use of blocking technology in public libraries for any library that receives LSTA funds or e-rate discounts for Internet connections. Blocking is required for all computers. Blocking is required for all adults and all minors.

The law requires libraries to block adults from access to visual depictions that are obscene or child pornography. The law requires libraries to block minors from access to visual depictions that are obscene, child pornography or harmful to minors. Yet, as Congress well knew, blocking technology cannot make the determination of whether particular material on the Internet fits the legal definition of obscenity, child pornography or harmful to minors. As a result, any library attempting to comply with the law would end up installing blocking technology that restricts access to a substantial amount of constitutionally protected material. Patrons of public libraries will be restricted from access to a wide array of materials, such as medical information, political information, information related to the arts, and information related to literature. For many patrons, access to information on the Internet is available only at the public library.

Under well-established First Amendment principles, the government may not subsidize a forum or medium for private free expression, such as the Internet in a public library, and then attempt to suppress a category of protected speech based on its disfavored content. The Children’s Internet Protection Act is content-based.

Public libraries have a critical mission in our society: to provide their communities with access to the broadest range of information available. The courts have recognized the critical role that libraries play in maintaining the fabric of our society and promoting freedom of expression. This law tears at that fabric.

This law forces libraries to censor access to speech or forgo critical Internet funding. Congress cannot constitutionally place such restrictions on public libraries. Congress cannot constitutionally force libraries to ignore the needs of the communities they serve with a federal mandate to block access to protected speech. The Children’s Internet Protection Act violates the First Amendment of the Constitution.