ABSTRACT
In United States v. American Library Association, Inc., 539 US 194, the US Supreme Court ruled that the national government could use its power over spending to require that public libraries accepting federal funds install removable filters to block access to pornographic sites. Comparing the policy required by Children's Internet Protection Act to the Library Bill of Rights, David H. Souter argued that the law effectively provided for censorship in violation of the First Amendment. In a concurring opinion, Justice Anthony M. Kennedy left open the possibility that the ability of adults to unblock access could be so restrictive as to permit them to bring a suit challenging the law as actually applied. Justice Souter dissent, joined by Justice Ruth Bader Ginsburg, expressed concern that a law ostensibly designed to protect children actually had the effect of blocking adult access as well.
