03/02/2020
UNITED STATES V. AMERICAN LIBRARY ASSN., INC.
meet Congress’ goals. Post, at 4 (opinion of Stevens, J.) (quoting 201 F. Supp. 2d, at
410); post, at 4 (opinion of Souter, J.) (quoting 201 F. Supp. 2d, at 422—427). But
we require the Government to employ the least restrictive means only when the
forum is a public one and strict scrutiny applies. For the reasons stated above, see
supra, at 8—10, such is not the case here. In deciding not to collect pornographic
material from the Internet, a public library need not satisfy a court that it has
pursued the least restrictive means of implementing that decision. In any case, the
suggested alternatives have their own drawbacks. Close monitoring of computer users
would be far more intrusive than the use of filtering software, and would risk
transforming the role of a librarian from a professional to whom patrons turn for
assistance into a compliance officer whom many patrons might wish to avoid. Moving
terminals to places where their displays cannot easily be seen by other patrons, or
installing privacy screens or recessed monitors, would not address a library’s interest
in preventing patrons from deliberately using its computers to view online
pornography. To the contrary, these alternatives would make it easier for patrons to
do so.
4. The dissents argue that overblocking will “ ‘reduce the adult population … to
reading only what is fit for children.’ ” Post, at 3, n. 2 (opinion of Stevens, J.)
(quoting Butler v. Michigan, 352 U.S. 380, 383 (1957)). See also post, at 3, and n. 2
(citing Ashcroft v. Free Speech Coalition, 535 U.S. 234, 252 (2002); United States v.
Playboy Entertainment Group, Inc., 529 U.S. 803, 814 (2000); and Reno v. American
Civil Liberties Union, 521 U.S. 844, 875 (1997)); see post, at 7—8 (opinion of Souter,
J.). But these cases are inapposite because they addressed Congress’ direct
regulation of private conduct, not exercises of its Spending Power. The dissents also
argue that because some library patrons would not make specific unblocking
requests, the interest of authors of blocked Internet material “in reaching the widest
possible audience would be abridged.” Post, at 6 (opinion of Stevens, J.); see post, at
13, n. 8 (opinion of Souter, J.). But this mistakes a public library’s purpose for
acquiring Internet terminals: A library does so to provide its patrons with materials of
requisite and appropriate quality, not to create a public forum for Web publishers to
express themselves. See supra, at 9—10. Justice Stevens further argues that,
because some libraries’ procedures will make it difficult for patrons to have blocked
material unblocked, CIPA “will create a significant prior restraint on adult access to
protected speech.” Post, at 6. But this argument, which the District Court did not
address, mistakenly extends prior restraint doctrine to the context of public libraries’
collection decisions. A library’s decision to use filtering software is a collection
decision, not a restraint on private speech. Contrary to Justice Stevens’ belief, a
public library does not have an obligation to add material to its collection simply
because the material is constitutionally protected.
5. See 20 U.S.C. § 9121 (“It is the purpose of [LSTA] (2) to stimulate excellence and
promote access to learning and information resources in all types of libraries for
individuals of all ages”); S. Conf. Rep. No. 104—230, p. 132 (1996) (The E-rate
program “will help open new worlds of knowledge, learning and education to all
https://www.law.cornell.edu/supct/html/02-361.ZO.html
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