Argued March 5, 2003
Decided June 23, 2003
CASE SUMMARY: In this case the American Library Association (ALA) challenged in court the constitutionality of the Child Internet Protection Act (CIPA) enacted in 2000, saying that it violated the First Amendment. In this lawsuit ALA sued to overturn the requirement that libraries restrict patrons’ access to computer information, that if Internet filters were not installed, federal funding and computer discounts, such as the E-rate program and Library Services and Technology Act (LSTA) grants would be withheld. The court ruled in favor of CIPA, stating that CIPA applies to the restriction of children’s access to Internet information, particularly to block minors’ access to pornographic images and obscene material, but not to adults. However, the decision was reversed by the Supreme Court in favor of ALA, saying that the CIPA law could not be upheld without limiting adult access to information protected by the First Amendment.
IMPACT/IMPLICATION: Persons age eighteen and older have the right to access information that allows them to explore and gather information at public libraries. The outcome of this case says that if a library patron requests access to Internet information which is blocked, the website shall be made available according to CIPA. Public libraries may choose to use filters they deem appropriate for their patrons, and they should have an Internet acceptable use policy for Internet use.
SCENARIO:
For example, the Wichita Public Library’s computer use policy notes that all workstations are in view of other customers and staff. Users are not permitted to display images containing gratuitous violence or obscenity as defined by Kansas law. Parents are responsible for monitoring minor’s book check-out and computer usage, failure to do so will result in termination of computer services.
APPLICATION: As a media specialist, it will be my responsibility to assist students and staff as they search for information. It is also my job to enforce our school’s acceptable use policy which states, that student’s usage will be suspended for a period of time or terminated if the student is a habitual violator of the acceptable use policy. If students need access to a site that is blocked the site must be reviewed by myself and administration.
SOURCES:
Chanute Public School. Student Handbook. (2013) Retrieved from http://www.chanutehighschool.com/documents/handbook.pdf Open Jurist. UNITED STATES et al.v.AMERICAN LIBRARY ASSOCIATION, INC., et al. (2003) Retrieved from http://openjurist.org/539/us/194/united-states-v-american-library-association-inc United states v. american library assn., inc. (02-361) 539 u.s. 194 (2003) 201 f. supp. 2d 201, reversed. (2012). Cornell University Law School. Retrieved from http://www.law.cornell.edu/supct/html/02-361.ZS.html
Wichita Public Library. Internet Usage Agreement. (2010) Retrieved from http://www.wichita.lib.ks.us/Inhome.htm
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