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 https://www.law.cornell.edu/supct/html/02-361.ZO.html 4/13

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