et al american library association et argued march decided june two forms federal assistance help public libraries provide patrons internet access discounted rates program grants library services technology act lsta upon discovering library patrons including minors regularly search internet pornography expose others pornographic images leaving displayed internet terminals printed library printers congress enacted children internet protection act cipa forbids public libraries receive federal assistance internet access unless install software block obscene pornographic images prevent minors accessing material harmful appellees group libraries patrons web site publishers related parties sued government challenging constitutionality cipa filtering provisions ruling cipa facially unconstitutional enjoining government withholding federal assistance failure comply cipa district held inter alia congress exceeded authority spending clause public library complies cipa conditions necessarily violate first amendment cipa filtering software constitutes restriction access public forum subject strict scrutiny although government compelling interest preventing dissemination obscenity child pornography material harmful minors use software filters narrowly tailored interest held judgment reversed supp reversed chief justice rehnquist joined justice justice scalia justice thomas concluded public libraries use internet filtering software violate patrons first amendment rights cipa induce libraries violate constitution valid exercise congress spending power congress wide latitude attach conditions receipt federal assistance policy objectives south dakota dole may induce recipient engage activities unconstitutional determine whether libraries violate first amendment employing cipa filtering software first examines societal role fulfill traditional missions facilitating learning cultural enrichment public libraries must broad discretion decide material provide patrons held two analogous contexts government broad discretion make judgments deciding private speech make available public arkansas ed television forbes national endowment arts finley forum analysis heightened judicial scrutiny incompatible role public television stations former case role national endowment arts latter incompatible broad discretion public libraries must consider content making collection decisions thus public forum principles district relied place context case internet access public libraries neither traditional designated public forum see cornelius naacp legal defense ed fund unlike student activity fund issue rosenberger rector visitors univ internet terminals acquired library order create public forum web publishers express rather library provides access reasons offers library resources facilitate research learning recreational pursuits furnishing materials requisite appropriate quality fact library reviews affirmatively chooses acquire every book collection review every web site makes available constitutionally relevant distinction decisions libraries exclude pornography print collections subjected heightened scrutiny make little sense treat libraries judgments block online pornography differently moreover vast quantity material internet rapid pace changes libraries possibly segregate item item internet material appropriate inclusion library limit internet collection sites found worthwhile cost excluding enormous amount valuable information lacks capacity review given tradeoff entirely reasonable public libraries reject approach instead exclude certain categories content without making individualized judgments everything made available requisite appropriate quality concerns filtering software tendency erroneously overblock access constitutionally protected speech falls outside categories software users intend block dispelled ease patrons may filtering software disabled pp cipa impose unconstitutional condition libraries receive lsta subsidies requiring condition receipt surrender first amendment right provide public access constitutionally protected speech assuming appellees may assert unconstitutional conditions claim claim fail merits government appropriates public funds establish program entitled broadly define program limits rust sullivan rust government denying benefit anyone instead simply insisting public funds spent purpose authorized helping public libraries fulfill traditional role obtaining material requisite appropriate quality educational informational purposes especially public libraries traditionally excluded pornographic material collections congress reasonably impose parallel limitation internet assistance programs use filtering software helps carry programs permissible condition rust appellees mistakenly contend reliance legal services corporation velazquez cipa filtering conditions distort usual functioning public libraries contrast lawyers furnished legal aid indigent program issue velazquez public libraries role pits government assumption case must free conditions benefactors might attach use donated funds pp justice kennedy concluded government represents librarian unblock filtered material disable internet software filter without significant delay adult user request little case substantial government interests stake interest protecting young library users material inappropriate minors legitimate even compelling members appear agree given interest failure show adult library users access material burdened significant degree statute unconstitutional face libraries capacity unblock specific web sites disable filter shown adult user election view constitutionally protected internet material burdened substantial way subject challenge facial challenge pp justice breyer agreed public forum doctrine inapplicable statute filtering software provisions violate first amendment reach ultimate conclusion different approach statute raises special first amendment concerns require rational basis statute restrictions time strict scrutiny warranted limiting rigid test unreasonably interfere discretion inherent selection library collection rather examine constitutionality statute restrictions examined restrictions contexts circumstances call heightened strict scrutiny example complex competing constitutional interests potentially issue harm potentially justified unusually strong governmental interests key question instances one proper fit asked whether harm interests disproportionate light justifications potential alternatives considered legitimacy statute objective extent statute tend achieve objective whether less restrictive ways achieving objective ultimately whether statute works harm proportion objective statute restrictions satisfy constitutional demands objectives restricting access obscenity child pornography material comparably harmful minors legitimate indeed often compelling clearly superior better fitting alternative internet software filters presented moreover statute contains important exception limits harm allows libraries permit adult patron access overblocked web site disable software filter entirely upon request given comparatively small burden imposed upon library patrons seeking legitimate internet materials said harm statute may cause disproportionate considered relation statute legitimate objectives pp rehnquist announced judgment delivered opinion scalia thomas joined kennedy breyer filed opinions concurring judgment stevens filed dissenting opinion souter filed dissenting opinion ginsburg joined et appellants american library association et al appeal district eastern district pennsylvania june chief justice rehnquist announced judgment delivered opinion justice justice scalia justice thomas joined address problems associated availability internet pornography public libraries congress enacted children internet protection act cipa stat cipa public library may receive federal assistance provide internet access unless installs software block images constitute obscenity child pornography prevent minors obtaining access material harmful district held provisions facially invalid ground induce public libraries violate patrons first amendment rights reverse help public libraries provide patrons internet access congress offers two forms federal assistance first program established telecommunications act entitles qualifying libraries buy internet access discount stat year ending june libraries received million discounts redacted joint trial stipulations parties nos etc ed hereinafter jt tr second pursuant library services technology act lsta stat amended et institute museum library services makes grants state library administrative agencies electronically lin libraries educational social information services assis libraries accessing information electronic networks pa costs libraries acquire share computer systems telecommunications technologies fiscal year congress appropriated million lsta grants jt tr stip programs succeeded greatly bringing internet access public libraries nation libraries provided public internet access bertot mcclure public libraries internet summary findings data tables http internet materials visited mar available clerk case file connecting internet public libraries provide patrons vast amount valuable information also enormous amount pornography internet much easily obtained supp ed accessibility material created serious problems libraries found patrons ages including minors regularly search online pornography patrons also expose others pornographic images leaving displayed internet terminals printed library printers upon discovering problems congress became concerned lsta programs facilitating access illegal harmful pornography congress learned adults us library computers access pornography exposed staff passersby children minors acces child adult pornography libraries congress also learned filtering software blocks access pornographic web sites provide reasonably effective way prevent uses library resources congress enacted cipa almost public libraries used software least internet terminals filters library research center survey internet access management public libraries http library set software block categories material pornography violence supp patron tries view site falls within category screen appears indicating site blocked filter set block pornography may sometimes block sites present neither obscene pornographic material nevertheless trigger filter minimize problem library set software prevent blocking material falls categories like education history medical library may also add delete specific sites blocking category anyone ask companies furnish filtering software unblock particular sites responding information congress enacted cipa provides library may receive lsta assistance unless policy internet safety minors includes operation technology protection measure protects access persons visual depictions constitute obscen ity child pornography protects access minors visual depictions harmful minors statute defines echnology protection measure specific technology blocks filters internet access material covered cipa cipa also permits library disable filter enable access bona fide research lawful purposes program disabling permitted use adult lsta program disabling permitted use person appellees group libraries library associations library patrons web site publishers including american library association ala multnomah county public library portland oregon multnomah sued government agencies officials responsible administering lsta programs district challenging constitutionality cipa filtering provisions district convened pursuant cipa stat note following trial district ruled cipa facially unconstitutional enjoined relevant agencies officials withholding federal assistance failure comply cipa district held congress exceeded authority spending clause art cl view public library complies cipa conditions necessarily violate first amendment supp acknowledged generally first amendment subjects libraries decisions print materials acquire collections rational basis review distinguished libraries decisions make certain internet material inaccessible central difference stated providing patrons even filtered internet access library permits patrons receive speech virtually unlimited number topics virtually unlimited number speakers without attempting restrict patrons access speech library exercise professional judgment determines particularly valuable ibid reasoning provision internet access within public library use public expressive activity analyzed access designated public forum citation internal quotation marks omitted district also likened internet access libraries traditional public fora sidewalks parks promotes first amendment values analogous manner based grounds held filtering software contemplated cipa restriction access public forum therefore subject strict scrutiny ibid applying standard district held although government compelling interest preventing dissemination obscenity child pornography case minors material harmful minors use software filters narrowly tailored interests noted probable jurisdiction reverse congress wide latitude attach conditions receipt federal assistance order policy objectives south dakota dole congress may induce recipient engage activities unconstitutional determine whether libraries violate first amendment employing filtering software cipa must first examine role libraries society public libraries pursue worthy missions facilitating learning cultural enrichment appellee ala library bill rights libraries provide ooks resources interest information enlightenment people community library serves supp internal quotation marks omitted fulfill traditional missions public libraries must broad discretion decide material provide patrons although seek provide wide array information goal never provide universal coverage instead public libraries seek provide materials greatest direct benefit interest community ibid end libraries collect materials deemed requisite appropriate quality ibid see katz collection development selection materials libraries librarian responsibility separate gold garbage preserve everything drury book selection xi aim selector give public everything wants best read use advantage app rebuttal expert report donald davis hypothetical collection everything produced dubious value actually detrimental users trying find want find really need held two analogous contexts government broad discretion make judgments deciding private speech make available public arkansas ed television forbes held public forum principles generally apply public television station editorial judgments regarding private speech presents viewers road rights access outside speakers antithetical general rule discretion stations editorial staff must exercise fulfill journalistic purpose statutory obligations recognizing broad right public access also risk implicating courts judgments left exercise journalistic discretion similarly national endowment arts finley upheld art funding program required national endowment arts nea use criteria making funding decisions explained ny considerations may taken account cess consequence nature arts funding particular assumption nea grants awarded according worth competing applicants absolute neutrality simply inconceivable ibid internal quotation marks omitted expressly declined apply forum analysis reasoning conflict nea mandate make esthetic judgments inherently threshold nea support principles underlying forbes finley also apply public library exercise judgment selecting material provides patrons forum analysis heightened judicial scrutiny incompatible role public television stations role nea also incompatible discretion public libraries must fulfill traditional missions public library staffs necessarily consider content making collection decisions enjoy broad discretion making public forum principles district relied supp place context case internet access public libraries neither traditional designated public forum see cornelius naacp legal defense ed fund describing types forums first resource exist quite recently immemorially held trust use public time mind used purposes assembly communication thoughts citizens discussing public questions international soc krishna consciousness lee internal quotation marks omitted rejected view traditional public forum status extends beyond historic confines forbes supra doctrines surrounding traditional public forums may extended situations history lacking internet access public library satisfy definition designated public forum create forum government must make affirmative choice open property use public forum cornelius supra perry ed assn perry local educators government create public forum inaction permitting limited discourse intentionally opening forum public discourse cornelius supra district likened public libraries internet terminals forum issue rosenberger rector visitors univ supp rosenberger considered student activity fund established university virginia subsidized manner student publications except based religion held fund created limited public forum giving public money student groups wished publish therefore discriminate basis viewpoint situation different public library acquire internet terminals order create public forum web publishers express collects books order provide public forum authors books speak provides internet access encourage diversity views private speakers rosenberger supra reasons offers library resources facilitate research learning recreational pursuits furnishing materials requisite appropriate quality see cornelius supra noting upholding limits participation combined federal campaign cfc government create cfc purposes providing forum expressive activity congress recognized internet simply another method making information available school library technological extension book stack district disagreed whereas library reviews affirmatively chooses acquire every book collection review every web site makes available supp based distinction reasoned public library enjoys less discretion deciding internet materials make available making book selections ibid find distinction constitutionally relevant library failure make judgments material furnishes web somehow taint judgments make library need exercise judgment making collection decisions depends traditional role identifying suitable worthwhile material less entitled play role collects material internet collects material source libraries already exclude pornography print collections deem inappropriate inclusion subject decisions heightened scrutiny make little sense treat libraries judgments block online pornography differently judgments made reason moreover vast quantity material internet rapid pace changes libraries possibly segregate item item internet material appropriate inclusion library limit internet collection sites found worthwhile cost excluding enormous amount valuable information lacks capacity review given tradeoff entirely reasonable public libraries reject approach instead exclude certain categories content without making individualized judgments everything make available requisite appropriate quality like district dissents fault tendency filtering software overblock erroneously block access constitutionally protected speech falls outside categories software users intend block see post opinion stevens post opinion souter due software limitations erroneously blocked web pages contain content completely innocuous adults minors rational person conclude matches filtering companies category definitions supp assuming erroneous blocking presents constitutional difficulties concerns dispelled ease patrons may filtering software disabled patron encounters blocked site need ask librarian unblock least case adults disable filter district found libraries capacity permanently unblock erroneously blocked site solicitor general stated oral argument library may eliminate filtering respect specific sites request patron tr oral arg respect adults cipa also expressly authorizes library officials disable filter altogether enable access bona fide research lawful purposes disabling permitted adults minors disabling permitted adults solicitor general confirmed librarian response request patron unblock filtering mechanism altogether tr oral arg explained patron explain asking site unblocked filtering disabled district viewed unblocking disabling inadequate patrons may barrassed request supp constitution guarantee right acquire information public library without risk appellees urge us affirm district judgment alternative ground cipa imposes unconstitutional condition receipt federal assistance doctrine government deny benefit person basis infringes constitutionally protected freedom speech even entitlement benefit board wabaunsee cty umbehr quoting perry sindermann appellees argue cipa imposes unconstitutional condition libraries receive lsta subsidies requiring condition receipt federal funds surrender first amendment right provide public access constitutionally protected speech government counters claim fails government entities first amendment rights see columbia broadcasting system democratic national committee stewart concurring first amendment protects press governmental interference confers analogous protection government purpose first amendment protect private quoting emerson system freedom expression see also warner cable communications niceville student govt assn board trustees univ estiverne louisiana state bar need decide question even assuming appellees may assert unconstitutional conditions claim claim fail merits within broad limits government appropriates public funds establish program entitled define limits program rust sullivan rust congress appropriated federal funding family planning services forbidden use funds programs provided abortion counseling recipients funds challenged restriction arguing impermissibly conditioned receipt benefit relinquishment constitutional right engage abortion counseling rejected claim recognizing government denying benefit anyone instead simply insisting public funds spent purposes authorized ibid true lsta programs intended help public libraries fulfill traditional role obtaining material requisite appropriate quality educational informational congress may certainly insist public funds spent purposes authorized ibid especially public libraries traditionally excluded pornographic material collections congress reasonably impose parallel limitation internet assistance programs use filtering software helps carry programs permissible condition rust justice stevens asserts premise federal statute penalizing library failing install filtering software every one computers unquestionably violate first amendment post see also post assuming public libraries first amendment rights cipa penalize libraries choose install software deny right provide patrons unfiltered internet access rather cipa simply reflects congress decision subsidize extent libraries wish offer unfiltered access free without federal refusal fund protected activity without equated imposition activity rust supra quoting harris mcrae legislature decision subsidize exercise fundamental right infringe right rust supra quoting regan taxation representation appellees mistakenly contend reliance legal services corporation velazquez cipa filtering conditions istor sual unctioning ublic ibraries brief appellees ala et al citing velazquez supra brief appellees multnomah et al velazquez concluded government program furnishing legal aid indigent differed program rust th vital respect role lawyers represent clients welfare disputes advocate government thus assumption counsel free state control concluded restriction advocacy welfare disputes distort usual functioning legal profession federal state courts lawyers appeared public libraries contrast comparable role pits government comparable assumption must free conditions benefactors might attach use donated funds public libraries use internet filtering software violate patrons first amendment rights cipa induce libraries violate constitution valid exercise congress spending power cipa impose unconstitutional condition public libraries therefore judgment district eastern district pennsylvania reversed et appellants american library association et al appeal district eastern district pennsylvania june justice kennedy concurring judgment request adult user librarian unblock filtered material disable internet software filter without significant delay little case government represents indeed fact tr oral arg ante district preliminary statement say unblocking may take days may unavailable especially branch libraries often less well staffed main libraries supp ed see also post souter dissenting statement however appear specific finding basis district decision event assumed disabling provisions permit public libraries allow patron access speech constitutionally protected respect patron libraries capacity unblock specific web sites disable filter shown adult user election view constitutionally protected internet material burdened substantial way subject challenge facial challenge made case see post breyer concurring judgment course substantial government interests stake interest protecting young library users material inappropriate minors legitimate even compelling members appear agree given interest failure show ability adult library users access material burdened significant degree statute unconstitutional face reasons concur judgment et appellants american library association et al appeal district eastern district pennsylvania june justice breyer concurring judgment children internet protection act act sets ditions receipt certain government subsidies public libraries conditions require libraries install computers nology say filtering software help prevent computer users gaining internet access child obscenity material comparably harmful minors technology current form function perfectly extent also screens constitutionally protected materials fall outside scope statute overblocks fails prevent access materials statute deems harmful underblocks see supp ed ante plurality opinion determining whether statute conditions consequently violate first amendment plurality first finds public forum doctrine inapplicable ante holds statutory provisions constitutional agree determinations reach plurality ultimate conclusion different way ascertaining whether statutory provisions constitutional apply form heightened scrutiny examining statutory requirements question special care act directly restricts public receipt information see stanley georgia constitution protects right receive information ideas reno american civil liberties union limitations imposed outside bodies congress upon two critically important sources information internet accessed via public libraries see ante plurality opinion post stevens dissenting board island trees union free school dist pico rehnquist dissenting describing public libraries places designed freewheeling inquiry see also reno supra describing internet vast democratic medium world wide web part comparable readers viewpoint vast library ashcroft american civil liberties union reason examine statute constitutionality raised special first amendment concern like tax economic regulation first amendment demanded rational basis imposing restriction accept government suggestion presumption favor statute constitutionality applies see supp brief time view first amendment demand application limiting constitutional approach strict scrutiny statutory restriction question essence kind selection restriction kind editing affects kinds amount materials library present patrons see ante plurality opinion libraries often properly engage selection materials either matter necessity due scarcity resources design accordance collection development policies see supp ante plurality opinion apply strict scrutiny selection library collection whether carried public libraries community bodies traditional legal right engage function unreasonably interfere discretion necessary create maintain select library collection broadly defined include information library makes available cf miami herald publishing tornillo protecting newspaper exercise editorial control judgment say strict scrutiny implies limiting rigid test believe first amendment requires context instead examine constitutionality act restrictions examined restrictions contexts circumstances call heightened strict scrutiny example complex competing constitutional interests potentially issue harm potentially justified unusually strong governmental interests typically key question instances one proper fit see board trustees state univ fox denver area ed telecommunications consortium fcc plurality opinion turner broadcasting system fcc breyer concurring part red lion broadcasting fcc cases asked whether harm interests disproportionate light justifications potential alternatives considered legitimacy statute objective extent statute tend achieve objective whether less restrictive ways achieving objective ultimately whether statute works harm relation objective proportion fox supra example stated decisions require legislature ends means chosen accomplish ends fit necessarily perfect reasonable represents necessarily single best disposition one whose scope proportion interest served employs necessarily least restrictive means put contexts means narrowly tailored achieve desired objective internal quotation marks citations omitted central hudson gas elec public serv clark community creative approach substitute form balancing less flexible though forms strict scrutiny rather supplements latter approach flexible nonetheless provides legislature less ordinary leeway light fact constitutionally protected expression issue cf fox supra virginia bd pharmacy virginia citizens consumer council act restrictions satisfy constitutional demands act seeks restrict access obscenity child pornography respect access minors material comparably harmful objectives legitimate indeed often compelling see miller california interest prohibiting access obscene material legitimate reno supra interest shielding minors exposure indecent material new york ferber district found software filters provide relatively cheap effective means furthering goals supp due present technological limitations however software filters overblock screening perfectly legitimate material underblock allowing obscene material escape detection filter see ante plurality opinion one presented clearly superior better fitting alternatives see ante plurality opinion time act contains important exception limits harm overblocking might cause plurality points act allows libraries permit adult patron access overblocked web site adult patron need ask librarian unblock specific web site alternatively ask librarian please disable entire filter see ante permitting library officials disable technology protection measure enable access bona fide research lawful purposes act impose upon patron burden making request difficult see burden delay associated compliance prove onerous traditional library practices associated segregating library materials say closed stacks interlibrary lending practices require patrons make requests anonymous wait librarian obtains desired materials elsewhere perhaps local library rules practices restrict ability patrons obtain overblocked internet material see joint board universal service children internet protection act fcc rcd leaving determinations regarding appropriateness compliant internet safety policies disabling local communities considering local practices consider facial challenge act given comparatively small burden act imposes upon library patron seeking legitimate internet materials say harm act may cause disproportionate considered relation act legitimate objectives therefore agree plurality statute violate first amendment concur judgment et appellants american library association et al appeal district eastern district pennsylvania june justice stevens dissenting fulfill traditional missions public libraries must broad discretion decide material provide patrons ante accordingly agree plurality neither inappropriate unconstitutional local library experiment filtering software means curtailing children access internet web sites displaying sexually explicit images also agree plurality public libraries decided use software internet terminals act unlawfully ante whether constitutional congress impose requirement however raises vastly different question rather allowing local decisionmakers tailor responses local problems children internet protection act cipa operates blunt nationwide restraint adult access enormous amount valuable information individual librarians possibly review ante information constitutionally protected speech view restraint unconstitutional unchallenged findings fact made district reveal fundamental defects filtering software available available foreseeable future software relies key words phrases block undesirable sites capacity exclude precisely defined category images district explained search engines software companies use harvesting able search text images critical importance cipa terms covers depictions image recognition technology immature ineffective unlikely improve substantially near future none filtering software companies deposed case employs image recognition technology harvesting categorizing urls due reliance automated text analysis absence image recognition technology web page sexually explicit images text harvested using search engine problem complicated fact web site publishers may use image files rather text represent words may use file computers understand picture like photograph printed word rather regular text making automated review textual content impossible example playboy web site displays name using logo rather regular text search engine see recognize playboy name logo supp ed given quantity character web sites offering free sexually explicit inevitable substantial amount material never blocked underblocking statute provide parents false sense security without really solving problem motivated enactment conversely software reliance words identify undesirable sites necessarily results blocking thousands pages contain content completely innocuous adults minors rational person conclude matches filtering companies category definitions judgment statutory blunderbuss mandates vast amount overblocking abridges freedom speech protected first amendment effect overblocking functional equivalent host individual decisions excluding hundreds thousands individual constitutionally protected messages internet terminals located public libraries throughout nation neither interest suppressing unlawful speech interest protecting children access harmful materials justifies overly broad restriction adult access protected speech government may suppress lawful speech means suppress unlawful speech ashcroft free speech coalition although cipa permit experimentation district expressly found variety alternatives less restrictive available local level ess restrictive alternatives exist government legitimate interest preventing dissemination obscenity child pornography material harmful minors preventing patrons unwillingly exposed patently offensive sexually explicit content prevent patrons accessing visual depictions obscene child pornography public libraries may enforce internet use policies make clear patrons library internet terminals may used access illegal speech libraries may impose penalties patrons violate policies ranging warning notification law enforcement appropriate case less restrictive alternatives filtering libraries interest preventing minors exposure visual depictions harmful minors include requiring parental consent presence unfiltered access restricting minors unfiltered access terminals within view library staff finally optional filtering privacy screens recessed monitors placement unfiltered internet terminals outside provide less restrictive alternatives libraries prevent patrons unwillingly exposed sexually explicit content internet supp findings consistent scholarly comment issue arguing local decisions tailored local circumstances appropriate mandate plurality reject findings instead ssuming erroneous blocking presents constitutional difficulties relies solicitor general assurance statute permits individual librarians disable filtering mechanisms whenever patron requests ante judgment assurance cure constitutional infirmity statute blocked site group sites unblocked patron unlikely know hidden therefore whether point asking filter removed though statute required significant part every library reading materials kept unmarked locked rooms cabinets opened response specific requests curious readers time obtain access hidden materials many inevitably interest authors works reaching widest possible audience abridged moreover procedures different libraries likely adopt respond unblocking requests doubt vary impossible measure aggregate effect statute patrons access blocked sites unless assume statute mere symbolic gesture must conclude create significant prior restraint adult access protected speech law prohibits reading without official consent like law prohibits speaking without consent constitutes dramatic departure national heritage constitutional tradition watchtower bible tract soc village stratton ii plurality incorrectly argues statute impose unconstitutional condition public libraries ante contrary impermissibly conditions receipt government funding restriction significant first amendment rights plurality explains worthy missions public library facilitating learning cultural enrichment ante asserts order fulfill missions libraries must broad discretion decide material provide patrons ibid thus selection decision province librarians province hesitated enter library need exercise judgment making collection decisions depends traditional role identifying suitable worthwhile material less entitled play role collects material internet collects material source libraries already exclude pornography print collections deem inappropriate inclusion subject decisions heightened scrutiny make little sense treat libraries judgments block online pornography differently judgments made reason ante plurality recognizes always assumed libraries discretion making decisions regarding include exclude collections discretion comparable university determine academic grounds may teach may taught shall taught may admitted study sweezy new hampshire frankfurter concurring result citation omitted district found one central purposes library provide information educational purposes library resources provided interest information enlightenment people community library serves supp quoting american library association library bill rights given nation deep commitment safeguarding academic freedom robust exchange ideas keyishian board regents univ state library exercise judgment respect collection entitled first amendment protection federal statute penalizing library failing install filtering software every one computers unquestionably violate amendment cf reno american civil liberties union think equally clear first amendment protects libraries denied funds refusing comply identical rule abridgment speech means threatened denial benefits pernicious abridgment means threatened penalty cases holding government employment may conditioned surrender rights protected first amendment illustrate point long settled congress regulation providing republican jew negro shall appointed federal office federal employee shall attend mass take active part missionary work wieman updegraff neither discharges elrod burns refusals hire promote rutan republican party immune first amendment scrutiny precedents firmly rejecting justice holmes famous dictum policeman constitutional right talk politics constitutional right policeman board wabaunsee cty umbehr draw distinction penalty discharge one job withholding benefit new job abridgment first amendment rights equally unconstitutional either context see sherbert verner governmental imposition choice puts kind burden upon free exercise religion fine late day doubt liberties religion expression may infringed denial placing conditions upon benefit privilege issue case involve governmental attempts control speech views employees involves use treasury impose controls important medium expression analogous situation specifically held government seeks use existing medium expression control class cases ways distort usual functioning distorting restriction must struck first amendment legal services corporation velazquez question whether requiring filtering software computers distorts medium discussed underblocking software plurality argues controversial decision rust sullivan requires rejection appellees unconstitutional conditions claim see ante subsequent cases explained rust involved applies instances governmental speech situations government seeks communicate specific discounts program funding library services technology act lsta program involved case subsidize message favored government congress made clear programs designed help public libraries provide patrons internet access turn provide patrons vast amount valuable information ante programs thus designed provide access particularly individuals communities see vast amount wide variety private speech designed foster transmit particular governmental message even construe passage cipa modifying lsta programs convey governmental message depictions pornography case minors minors supp expressed viewed use filtering software promote message described filtering software erroneously blocks access substantial number web sites contain constitutionally protected speech wide variety topics see describing erroneous blocking speech churches religious groups politics government health issues education careers sports travel moreover frequent instances underblocking instances filtering software prevent access web sites depictions fall within cipa seeks block access short message conveyed use filtering software speech except prohibited cipa supported government rather speech gets software supported government items get software include visual depictions obscene child pornography harmful minors time software blocks enormous amount speech sexually explicit certainly meet cipa definitions prohibited content since message conveyed far message government purports promote indeed material permitted past filtering software seem coherent message rust inapposite plurality reliance national endowment arts finley also misplaced case involved challenge statute setting forth criteria used federal panel experts administering federal grant program unlike case federal government seeking impose restrictions administration nonfederal program explained supra rust appear permit restrictions federal program nea arts grant program issue finley like library nea experts finley great deal discretion make judgments projects fund unlike case finley involve challenge nea governmental restriction ability award grants instead respondents performance artists applied nea grants denied funding see case library patrons challenged library decision install use filtering software posture finley finley control case also unlike finley government merely seek control library discretion respect computers purchased government funds computers internet access cipa requires libraries install filtering software every computer internet access library receives discount program funds lsta see library computers paid nonfederal funds internet service computers also paid nonfederal funds library may choose put filtering software computers library may decide put filtering software computers children section library elementary school might choose put filters every single one computers statute library attempts provide internet service even one computer discount library must put filtering software computers internet access one computer discount permit federal funds used enforce kind broad restriction first amendment rights particularly restriction unnecessary accomplish congress stated goal see supra discussing less restrictive alternatives abridgment speech equally obnoxious whether rule like one enforced threat penalties threat withhold benefit affirm judgment district et appellants american library association et al appeal district eastern district pennsylvania june justice souter justice ginsburg joins dissenting agree main justice stevens ante dissenting opinion blocking requirements children internet protection act impose unconstitutional condition government subsidies local libraries providing access internet also agree library appellees reason hold blocking rule invalid exercise spending power article rule mandates action recipient libraries violate first amendment guarantee free speech libraries took action entirely respectfully dissent ground like members doubt legitimacy governmental efforts put barrier child patrons public libraries raw offerings internet otherwise available first amendment interests raised children uphold application act said governmental interest shielding children exposure indecent material compelling reno american civil liberties union think awkwardness child might feel asking unblocked terminal burden affect constitutionality dissent agreed majority colleagues see ante plurality opinion ante breyer concurring judgment ante kennedy concurring judgment adult library patron consistently act obtain unblocked terminal simply asking realize solicitor general represented government policy see tr oral arg policy communicated every affected library unequivocally stated us argument local librarians might able indulge unblocking requests adult patrons point taking curse statute practical purposes federal communications commission order implementing act pointedly declined set federal policy unblocking local libraries appropriate statute see joint board universal service children internet protection act fcc rcd rules directing school library staff disable technology protection measures likely overbroad imprecise potentially chilling speech otherwise confusing schools libraries requirements statute leave determinations local communities believe knowledgeable varying circumstances schools libraries within communities moreover district expressly found unblocking may take days may unavailable especially branch libraries often less well staffed main libraries supp ed see event review statute unblocking provisions simply construed even constitutional avoidance purposes say library must unblock upon adult request conditions imposed questions asked first statute says library may unblock must see addition allows unblocking bona fide research lawful purposes see lawful purposes criterion means anything subsume render bona fide research criterion superfluous must impose limit eligibility unblocking see connecticut nat bank germain ourts disfavor interpretations statutes render language superfluous therefore necessarily restriction surely made onerous uncertainty terms generosity discretion library staffs deciding gets complete internet access cf forsyth county nationalist movement noting first amendment bars licensing schemes grant unduly broad discretion licensing officials given potential discretion becom means suppressing particular point view internal quotation marks omitted therefore take statute understanding adults denied access substantial amount nonobscene material harmful children lawful adult examination substantial quantity text pictures harmful one plurality concedes see ante inevitable consequence indiscriminate behavior current filtering mechanisms screen material extent known manufacturers blocking software see supp category lists maintained blocking programs considered proprietary information hence unavailable customers general public review public libraries select categories implementing filtering software really know blocking likewise examine statute understanding restrictions adult internet access justification object protecting children children restricted blocked terminals leaving unblocked terminals areas restricted adults screened casual glances course statute simply provided unblocking adult request questions asked statute words protected children without blocking access adults subjecting adults anything minimal inconvenience way record shows many librarians dealing obscenity indecency imposition federal conditions see instead government funding conditions engage overkill degree illustrated refusal trust even library staff unblocked terminal one adult public access see quoting fcc question whether local library constitutionally impose restrictions content otherwise available adult patron internet connection library terminal provided public use answer library chose block adult internet access material harmful children whatever else undiscriminating filter might interrupt imposing restriction communication material library control adult otherwise lawfully see simply censorship true censorship necessarily extend every adult intending internet user might convince librarian true researcher lawful purpose obtain everything library terminal provide qualify discretionary unblocking censorship complete like censorship agency government presumptively invalid owing strict scrutiny implementing free speech clause first amendment policy first amendment favors dissemination information opinion guarantees freedom speech press designed prevent censorship press merely action government means might prevent free general discussion public matters seems absolutely essential bigelow virginia internal quotation marks brackets omitted ii plurality treat blocking affecting adults censorship chooses describe library act filtering content simply instance kind selection available material every library save perhaps library congress must perform ante library need exercise judgment making collection decisions depends traditional role identifying suitable worthwhile material less entitled play role collects material internet collects material source position hold public libraries indeed selective acquire place stacks must much money much shelf space necessity choose material reject rest justifies effort selective eye demand quality object maintaining library place civilized enquiry widely different sorts people selectivity thus necessary complex two characteristics explain review library selection decisions must limited decisions made time extreme cases one expect particular choices reveal impermissible reasons reasons even plurality consider illegitimate like excluding books authors democrats critiques organized christianity unsympathetic see board island trees union free school dist pico plurality opinion review rational basis probably conduct owing myriad particular selections might attacked someone difficulty untangling play factors behind particular decision every significant point however internet blocking defies comparison process acquisition whereas traditional scarcity money space require library make choices acquire choice made whether spend money acquire something blocking subject choice made money internet access spent committed since makes difference cost internet access whether adult calls material harmful children articles confederation blocking facts like necessitated scarcity either money instance internet library acquires electronic access choice block choice limit access already acquired thus deciding buying book means book unless loan obtained blocking internet merely blocking access purchased entirety subject unblocking librarian agrees proper analogy therefore passing book might bought either buying book keeping adults lacking acceptable purpose buying encyclopedia cutting pages anything thought unsuitable adults plurality claims find support conclusions traditional missio public library ante see also ante breyer concurring judgment considering traditional library practices plurality thus argues effect traditional responsibility public libraries called denying adult access certain books bowdlerizing content libraries let adults see fact plurality conception public library mission rejected libraries library chose block adult access way mandated act claim history public library practice country furnished implicit gloss first amendment standards allowing blocking anything unsuitable adults institutional history public libraries america discloses evolution toward general rule firmly rooted adult entitled use library access sure freedom choice apparently within inspiration century development public libraries see shera foundations public library origins public library movement new england infancy development oral censorship reading material assumed geller forbidden books american public libraries even early century legitimacy librarian authority moral arbiter coming question see belden president address looking forward bull libr assn true public library must stand intellectual freedom access printed word practices european fascism fueled reaction library censorship see harris history libraries western world ed upshot growing understanding librarian job guarantee people access ideas geller supra end librarians basic position opposition censorship emerged krug harvey ala intellectual freedom historical overview intellectual freedom manual pp xi xv american library association hereinafter intellectual freedom manual see also darling access intellectual freedom libraries library trends time mccarthyism began assaults appellee american library association developed library bill rights censorship library bill rights intellectual freedom manual pt intellectual freedom committee maintain position beyond enforcing existing laws obscenity place society efforts coerce taste others confine adults reading matter deemed suitable adolescents inhibit efforts writers achieve artistic expression freedom read pt see also krug harvey xv far able tell statement expressed prevailing ideal public library administration world war ii seems fair say general rule libraries ceased deny requesting adults access materials collections adult might indeed make specific request literature published surveys period show variety restrictions circulation library holdings including placement materials apart open stacks availability upon specific aside isolated suggestion see born public libraries intellectual freedom pt pp able find period record library barring access materials collection basis reader age seems question library refuse book collection requesting adult patron presume evaluate basis particular request take postwar years confirmed evidence dog bark second half century ala issued series policy statements since dubbed interpretations library bill rights see pt commenting library administration pointing particular practices ala opposed thus example response pressure sons american revolution new jersey libraries place labels materials advocat ing favor ing communism ala adopted statement labeling opposing censor tool pt pp years later ala even adopted statement restriction access library materials minors acknowledged age restrictions common across nation variety forms including among others restricted reading rooms adult use library cards limiting circulation materials adults closed collections adult use interlibrary loan adult use pt nevertheless ala opposed limitations saying parent may restrict children children access library materials services pt ala adopted policy opposing practice already mentioned keeping certain books open shelves available specific request see pt statement conceded shelf case shelf collections common many libraries pt ala nonetheless came terms limitation differs direct censorship activities removal library materials refusal purchase certain publications nonetheless constitutes censorship albeit subtle form amidst ala statements latter half century however one subject missing word barring requesting adults materials library collection limiting adult access based evaluation purposes seeking materials practice survived latter half century one surely find statement ala become nemesis anything sounding like censorship library holdings shown history silence bespeaks american public library gives adult patron material hand history without support plurality reading first amendment tolerating public library censorship collection adult enquiry thus preacquisition scarcity rationale save library internet blocking treatment censorship support historical development library practice two reasons treat blocking differently decision declining buy book third must added quite simply smell rat library blocks material already control library removes books shelves reasons nothing wear tear obsolescence lack demand blocking removal tell us something mere absence shelves already spoken two features acquisition decisions make poor candidates effective judicial review first complexity number legitimate considerations may go pointing one way providing cover illegitimate reason managed sneak librarian consider likely demand scholarly esthetic quality alternative purchases relative cost second reason judiciary must shy reviewing acquisition decisions sheer volume thus number might draw fire courts review administration every library constituent disgruntled library fails buy exactly wants read library acquired material first place however variety possible reasons might legitimately support initial rejection longer play removal books selective blocking controversial subject matter function limited resources less likely selection decision reflect assessment esthetic scholarly merit removal blocking decisions often obviously correlated content tend show decisions tend courts examine without facing deluge difference choices keep choices throw thus enormous perception underlay good sense plurality conclusion board island trees union free school dist pico removing classics school library response pressure parents school board members violates speech clause iii good reason treat blocking adult enquiry anything different censorship presumptively reason hold accordance conventional strict scrutiny library practice blocking violate adult patron first fourteenth amendment right free internet censorship unjustified legitimate interest screening children harmful ground act blocking requirement current breadth calls unconstitutional action library recipient unconstitutional footnotes children internet protection act hearing senate committee commerce science transportation prepared statement bruce taylor president chief counsel national law center children families see also obscene material available via internet hearing subcommittee telecommunications trade consumer protection house committee commerce sess citing burt dangerous access edition uncovering internet pornography america libraries noting incidents patrons adults minors using library computers view online pornography including obscenity child pornography justice stevens misapprehends analysis must perform determine whether cipa exceeds congress authority spending clause asks answers whether constitutional congress impose cipa filtering requirement public libraries instead allowing local decisionmakers tailor responses local problems post dissenting opinion spending clause precedent proper inquiry rather district correctly recognized supp ed must ask whether condition congress requires unconstitutional performed library dole cipa directly regulate private conduct rather congress exercised spending power specifying conditions receipt federal funds therefore dole provides appropriate framework assessing cipa constitutionality even appellees proffered persuasive evidence public libraries intended create forum speech connecting internet hesitate import public forum doctrine wholesale context internet denver area ed telecommunications consortium fcc opinion breyer wary notion partial analogy one context developed doctrines compel full range decisions new changing area ibid dissents agree district less restrictive alternatives filtering software suffice meet congress goals post opinion stevens quoting supp post opinion souter quoting supp require government employ least restrictive means forum public one strict scrutiny applies reasons stated see supra case deciding collect pornographic material internet public library need satisfy pursued least restrictive means implementing decision case suggested alternatives drawbacks close monitoring computer users far intrusive use filtering software risk transforming role librarian professional patrons turn assistance compliance officer many patrons might wish avoid moving terminals places displays easily seen patrons installing privacy screens recessed monitors address library interest preventing patrons deliberately using computers view online pornography contrary alternatives make easier patrons dissents argue overblocking adult population reading fit children post opinion stevens quoting butler michigan see also post citing ashcroft free speech coalition playboy entertainment group reno american civil liberties union see post opinion souter cases inapposite addressed congress direct regulation private conduct exercises spending power dissents also argue library patrons make specific unblocking requests interest authors blocked internet material reaching widest possible audience abridged post opinion stevens see post opinion souter mistakes public library purpose acquiring internet terminals library provide patrons materials requisite appropriate quality create public forum web publishers express see supra justice stevens argues libraries procedures make difficult patrons blocked material unblocked cipa create significant prior restraint adult access protected speech post argument district address mistakenly extends prior restraint doctrine context public libraries collection decisions library decision use filtering software collection decision restraint private speech contrary justice stevens belief public library obligation add material collection simply material constitutionally protected see purpose lsta stimulate excellence promote access learning information resources types libraries individuals ages conf program help open new worlds knowledge learning education americans intended example provide ability browse library collections review collections museums find new information treatment illness americans everywhere via libraries holdings justice stevens ignores also make clear reliance rutan republican party elrod burns wieman updegraff misplaced see post invalidated state action cases involved true penalties denial promotion outright discharge employment nonsubsidies relying velazquez justice stevens argues mistakenly rust inapposite case involved applies situations government seeks communicate specific message post unlike title program rust lsta programs designed foster transmit particular governmental message post misreads cases discussing rust misapprehends purpose providing internet terminals public libraries velazquez held restrictions improper government speak subsidize transmittal message favors instead expends funds encourage diversity views private speakers emphasis added see also university wisconsin exacts fee issue sole purpose facilitating free open exchange ideas rosenberger supra student activities fund forum university expends funds encourage diversity views private speakers indeed distinction led us state southworth case implicate unconstitutional conditions jurisprudence case decide raise issue government right use funds advance particular message stated supra public libraries install internet terminals provide forum web publishers express rather provide patrons online material requisite appropriate quality footnotes percentage web pages indexed web containing sexually explicit content relatively small recent estimates indicate content web pornographic sexually explicit however absolute number web sites offering free sexually explicit material extremely large approximately sites supp ed repeatedly reaffirmed holding butler michigan state may reduce adult population reading fit children see ashcroft free speech coalition objective shielding children suffice support blanket ban protection accomplished less restrictive alternative reno american civil liberties union governmental interest protecting children harmful materials justify unnecessarily broad suppression speech addressed adults indeed federal state mandates area unnecessary unwise locally designed solutions likely best meet local circumstances local decision makers library boards responding local concerns prevalence problem libraries decide minors internet access requires filters persons best position judge local community standards obscene required miller california test indeed one nationwide solution needed problems local extent uniquely libraries rural communities instance reported much less problem libraries urban areas library rural community one two computers internet access may find even limited filtering advocated provides little additional benefit allowing nation public libraries develop approaches may able develop better understanding methods work well methods add little nothing even imposing mandatory nationwide solution may well impede developing truly effective approaches violate first amendment federal state governments best assist effort providing libraries sufficient funding experiment variety constitutionally permissible approaches laughlin sex lies library cards first amendment implications use software filters control access internet pornography public libraries drake rev see also boyer academic freedom modern university experience university chicago right speak write teach freely precious right one american research universities course twentieth century slowly surely made central identity university modern world contrary plurality narrow reading velazquez limited instances recipient government funds might pit ted government see ante contrary assessed issue velazquez turning harmonizing prior unconstitutional condition cases first amendment context see see distinguishing rust ground counseling activities doctors amounted governmental speech board regents univ system southworth unlike rust issue government right use funds advance particular message presented rosenberger rector visitors univ rust inapplicable government self speak subsidize transmittal message favors stead expends funds encourage diversity views private speakers thus respondents merely challenging refusal fund protected activity without harris mcrae decision subsidize exercise fundamental right regan taxation representation challenging restriction applies property acquired without federal assistance footnotes solicitor general representation turns honored breach local libraries goes without saying decision today foreclose challenge see also ante breyer concurring judgment ante kennedy concurring judgment among things plurality reasoning ignores widespread utilization interlibrary loan systems see supp ed interlibrary loan virtually book say effectively made available library patrons therefore librarian refused get book interlibrary loan adult patron ground patron purpose seeking book acceptable librarian find justification fact libraries traditionally collect ed materials deemed appropriate quality ante event ensuing analysis assume sake argument world without interlibrary loan course library allowed patrons use computers purposes might feel need purchase computers satisfy presumably greater demand see brief appellants answer problem limit number unblocked terminals hours used event rationale blocking reference whatever scarcity libraries refuse materials adult patrons account content course libraries commonly limit access grounds say rare especially valuable materials practices raise first amendment concerns nothing suppressing ideas see fiske book selection censorship study school public libraries california moon problem fiction book selection censorship sixties moon ed jones defusing censorship librarian guide handling censorship conflicts see also censorship books daniels ed complete listing ala interpretations see peck libraries first amendment cyberspace need know thus surprising emergence circumstances giving rise case ala adopted statements opposing restrictions access adult patrons specific electronic media like internet see assume although occasion decide originators material blocked internet filters object wall adult audience might attract although unlikely plaintiffs given private audience unaffected library action many might idea library blocking work library reason rely first fourteenth amendment rights adult library patrons experience acute injury denied look anything software identified apt harm child whatever else got blocked along practical terms libraries national government going kept engaging unjustifiable adult censorship alternative recognizing viewer reader right free paternalistic censorship least adjunct core right speaker plurality board island trees union free school dist pico saw recognized right students using school library object removal disfavored books shelves opinion brennan token recognize analogous right part library adult internet users may among american internet users whose access comes solely library terminals see supp therefore question censorship blocking produces real injury sufficient support suit redress patrons whose access denied