03/02/2020
UNITED STATES V. AMERICAN LIBRARY ASSN., INC.
Court also likened Internet access in libraries to “traditional public fora … such as
sidewalks and parks” because it “promotes First Amendment values in an analogous
manner.” Id., at 466.
Based on both of these grounds, the court held that the filtering software
contemplated by CIPA was a content-based restriction on access to a public forum,
and was therefore subject to strict scrutiny. Ibid. Applying this standard, the District
Court held that, although the Government has a compelling interest “in preventing
the dissemination of obscenity, child pornography, or, in the case of minors, material
harmful to minors,” id., at 471, the use of software filters is not narrowly tailored to
further those interests, id., at 479. We noted probable jurisdiction, 537 U.S. 1017
(2002), and now reverse.
Congress has wide latitude to attach conditions to the receipt of federal assistance in
order to further its policy objectives. South Dakota v. Dole, 483 U.S. 203, 206
(1987). But Congress may not “induce” the recipient “to engage in activities that
would themselves be unconstitutional.” Id., at 210. To determine whether libraries
would violate the First Amendment by employing the filtering software that CIPA
requires,2 we must first examine the role of libraries in our society.
Public libraries pursue the worthy missions of facilitating learning and cultural
enrichment. Appellee ALA’s Library Bill of Rights states that libraries should provide
“[b]ooks and other … resources … for the interest, information, and enlightenment of
all people of the community the library serves.” 201 F. Supp. 2d, at 420 (internal
quotation marks omitted). To fulfill their traditional missions, public libraries must
have broad discretion to decide what material to provide to their patrons. Although
they seek to provide a wide array of information, their goal has never been to provide
“universal coverage.” Id., at 421. Instead, public libraries seek to provide materials
“that would be of the greatest direct benefit or interest to the community.” Ibid. To
this end, libraries collect only those materials deemed to have “requisite and
appropriate quality.” Ibid. See W. Katz, Collection Development: The Selection of
Materials for Libraries 6 (1980) (“The librarian’s responsibility … is to separate out the
gold from the garbage, not to preserve everything”); F. Drury, Book Selection xi
(1930) (“[I]t is the aim of the selector to give the public, not everything it wants, but
the best that it will read or use to advantage”); App. 636 (Rebuttal Expert Report of
Donald G. Davis, Jr.) (“A hypothetical collection of everything that has been produced
is not only of dubious value, but actually detrimental to users trying to find what they
want to find and really need”).
We have held in two analogous contexts that the government has broad discretion to
make content-based judgments in deciding what private speech to make available to
the public. In Arkansas Ed. Television Comm’n v. Forbes, 523 U.S. 666, 672—673
(1998), we held that public forum principles do not generally apply to a public
television station’s editorial judgments regarding the private speech it presents to its
viewers. “[B]road rights of access for outside speakers would be antithetical, as a
general rule, to the discretion that stations and their editorial staff must exercise to
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