03/02/2020
UNITED STATES V. AMERICAN LIBRARY ASSN., INC.
manner of student publications except those based on religion. We held that the fund
had created a limited public forum by giving public money to student groups who
wished to publish, and therefore could not discriminate on the basis of viewpoint.
The situation here is very different. A public library does not acquire Internet
terminals in order to create a public forum for Web publishers to express themselves,
any more than it collects books in order to provide a public forum for the authors of
books to speak. It provides Internet access, not to “encourage a diversity of views
from private speakers,” Rosenberger, supra, at 834, but for the same reasons it
offers other library resources: to facilitate research, learning, and recreational
pursuits by furnishing materials of requisite and appropriate quality. See Cornelius,
supra, at 805 (noting, in upholding limits on participation in the Combined Federal
Campaign (CFC), that “[t]he Government did not create the CFC for purposes of
providing a forum for expressive activity”). As Congress recognized, “[t]he Internet is
simply another method for making information available in a school or library.” S.
Rep. No. 106—141, p. 7 (1999). It is “no more than a technological extension of the
book stack.” Ibid.3
The District Court disagreed because, whereas a library reviews and affirmatively
chooses to acquire every book in its collection, it does not review every Web site that
it makes available. 201 F. Supp. 2d, at 462—463. Based on this distinction, the court
reasoned that a public library enjoys less discretion in deciding which Internet
materials to make available than in making book selections. Ibid. We do not find this
distinction constitutionally relevant. A library’s failure to make quality-based
judgments about all the material it furnishes from the Web does not somehow taint
the judgments it does make. A library’s need to exercise judgment in making
collection decisions depends on its traditional role in identifying suitable and
worthwhile material; it is no less entitled to play that role when it collects material
from the Internet than when it collects material from any other source. Most libraries
already exclude pornography from their print collections because they deem it
inappropriate for inclusion. We do not subject these decisions to heightened scrutiny;
it would make little sense to treat libraries’ judgments to block online pornography
any differently, when these judgments are made for just the same reason.
Moreover, because of the vast quantity of material on the Internet and the rapid pace
at which it changes, libraries cannot possibly segregate, item by item, all the Internet
material that is appropriate for inclusion from all that is not. While a library could limit
its Internet collection to just those sites it found worthwhile, it could do so only at the
cost of excluding an enormous amount of valuable information that it lacks the
capacity to review. Given that tradeoff, it is entirely reasonable for public libraries to
reject that approach and instead exclude certain categories of content, without
making individualized judgments that everything they do make available has requisite
and appropriate quality.
Like the District Court, the dissents fault the tendency of filtering software to
“overblock”–that is, to erroneously block access to constitutionally protected speech
that falls outside the categories that software users intend to block. See post, at 1—3
(opinion of Stevens, J.); post, at 3—4 (opinion of Souter, J.). Due to the software’s
https://www.law.cornell.edu/supct/html/02-361.ZO.html
6/13
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