Congress adopted the Children’s Internet Protection Act of 2000 to require schools and libraries for which it funded technology under its “E-rate” program — designed to expand technological access for eligible institutions — to block children’s access to obscene material, child pornography, and material deemed harmful to minors. One provision of the law held that these institutions provide access to such materials for adults who needed it for bona fide research purposes.

Whereas the Supreme Court’s decisions in Reno v. American Civil Liberties Union (1997) and Ashcroft v. American Civil Liberties Union (2004) had struck down the Communications Decency Act of 1996 and the Child Online Protection Act of 1998 as overly broad, it upheld the Children’s Internet Protection Act by a 6-3 vote in United States v. American Library Association (2003). Led by Chief Justice William H. Rehnquist, four justices argued that Congress was free to add such conditions to its appropriations. Justices Anthony M. Kennedy and Stephen G. Breyer joined this plurality by focusing chiefly on the fact that the law provided adults access to materials prohibited to children.

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