[KLUG Members] CIPA unconstitutional

[Tony Gettig]

Actually, it was NOT the Supreme Court that ruled on this. It was a three judge panel in Federal court. 

Does this only affect libraries? Or do the sub sections stricken apply to the schools too, not just libraries? I have the CIPA document here somewhere. Reckon I better find it now... 


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Tony Gettig
Network Administrator
Kalamazoo Public Schools
616-337-0283
http://www.kalamazoopublicschools.com


>>> jamie@mccarthy.vg 05/31/02 10:18AM >>>
On Oct. 18, 2001, I posted to the list:

> GettigAM@kalamazoo.k12.mi.us (Tony Gettig) writes:
> 
> > For those of us in the public schools, I believe content
> > filtering is mandated by law.
> 
> Not yet.  The law's actually pretty complicated and you were
> supposed to have "undertaken action" by last July 1, which
> apparently could have been just attending a seminar, not installing
> the actual "technology prevention measures."  But CIPA's
> constitutionality is being challenged by the ALA and ACLU and
> so you actually have until next spring.  At least that's the
> situation for school _libraries_... not sure about the rest of
> the computers in a school.
> 
> http://www.ala.org/cipa/ 
> http://www.ala.org/cipa/litigation.html 
> 
> "...the deadline for a fund recipient to decide whether to
> install filters has been delayed until next spring [2002] for
> both public libraries and schools after extensive negotiations
> between counsel for ALA and counsel for the government."

Breaking news:

CIPA has just been declared unconstitutional by the Supreme Court of
the United States.  Public schools that installed content "filtering"
should now deinstall the products and gleefully mail them back to
their vendors, preferably after chopping them up into little
boullion-cube-sized pieces.  It's safe for your students to do their
homework again.

The law which required censorware to be installed in libraries for
schools to receive federal "E-Rate" funds, 20 U.S.C. 9134(f), has
been completely invalidated:

    AND NOW, this day of May, 2002, based on the foregoing
    findings of fact and conclusions of law, it is hereby ORDERED
    that:
    
    (1) judgment is entered in favor of the plaintiffs and against
    the defendants, declaring that §§ 1712(a)(2) and 1721(b) of
    the Children's Internet Protection Act, 20 U.S.C. § 9134(f)
    and 47 U.S.C. § 254(h)(6), are facially invalid under the
    First Amendment to the United States Constitution; and
    
    (2) the United States, Michael Powell, in his official
    capacity as Chairman of the Federal Communications Commission,
    the Federal Communications Commission, Beverly Sheppard, in
    her official capacity as Acting Director of the Institute of
    Museum and Library Services, and the Institute of Museum and
    Library Services are permanently enjoined from withholding
    federal funds from any public library for failure to comply
    with §§ 1712(a)(2) and 1721(b) of the Children's Internet
    Protection Act, 20 U.S.C. § 9134(f) and 47 U.S.C. § 254(h)(6).

http://www.paed.uscourts.gov/documents/opinions/02D0414P.HTM 

http://www4.law.cornell.edu/uscode/20/9134.html 
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