Case Overview

Legal Principle at Issue

Whether the Children's Internet Protection Act (CIPA) induces public libraries to violate the 1st Amendment, thereby exceeding Congress's power under the Spending Clause by providing that a library that is otherwise eligible for special federal assistance for Internet access in the form of discount rates for educational purposes under the Telecommunications Act of 1996, 47 U.S.C. 254(h), or grants under the Library Services and Technology Act, 20 U.S.C. 9121 et seq., may not receive that assistance unless the library has in place a policy that includes the operation of a technology protection measure on Internet-connected computers that protects against access by all persons to visual depictions that are obscene or child pornography, and that protects against access by minors to visual depictions that are harmful to minors, a condition of the receipt of federal funding.


Reversed. Petitioning party received a favorable disposition.

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