This Note discusses the possibility that the Court, in its eagerness to protect children, twisted established First Amendment doctrines to uphold CIPA and declined to address other legal issues that weaken CIPA’s constitutionality. Part II provides a historical background of previous legislation attempting to protect children accessing the Internet, explains what CIPA is and compares it to previous legislation, and also discusses current filtering technology and its limitations. Part III provides a statement of the facts, including the procedural history of the case. Part IV analyzes the Court’s confusing and inconsistent application of firmly established rules dealing with Congress’ spending power, First Amendment forum analysis, and the unconstitutional conditions doctrine. In addition, this section presents flaws not addressed by the Court, including Congress’s attempted usurpation of States’ rights through CIPA and libraries’ inability to comply with CIPA’s requirements. Part IV concludes with the potential aftermath of the Court’s ruling as it affects both the average library patron and the legal community attempting to rely on Supreme Court precedent.
Sanchez, Barbara A.
"United States v. American Library Association: The Choice Between Cash and Constitutional Rights,"
Akron Law Review: Vol. 38
, Article 6.
Available at: http://ideaexchange.uakron.edu/akronlawreview/vol38/iss2/6