Justices to review library filters
Supreme Court to rule on issue of minors' access
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At issue is a new law requiring all public and school libraries to install Internet filters blocking links to child pornography or "visual depictions" that are obscene or "harmful to minors." Otherwise, libraries could lose federal funding.
The law was struck down as unconstitutional in May; on Tuesday, the Supreme Court said it would hear the U.S. Dept. of Justice's appeal.
It marks the third time the robes have taken up the issue, underscoring the dogged effort of the Bush administration to restrict a minor's access to the Internet.
Earlier this year, the Supreme Court ruled that a 1996 child pornography law making it illegal to produce or distribute material using young people or computer-generated images was too broad. Robes said measure prohibited speech that contained serious literary, artistic, political or scientific value.
Writing for the majority, Justice Anthony Kennedy said that a number of movies, filmed with young adult actors and actresses who only looked like minors, fell within the scope of the law.
The Director's Guild of America lauded the high court ruling, saying it preserves the right to freedom of speech.
In 1997, the Supreme Court struck down the Communications Decency Act, which would have banned Internet porn altogether. Decision established that the Internet is protected by the First Amendment; hence, Internet pornography is protected. Robes reminded, however, that porn or obscene images involving minors can be banned.
The child pornography law requiring libraries to use Internet filters once again raises the issue of visual depictions harmful to children, which could be construed to mean computer-generated images or theatrical performances.
While Justice Kennedy and the other robes indicated in the April ruling that such a definition is too broad and unconstitutional, the Bush administration will continue to press the point.
In addition to its Supreme Court effort, the White House is pushing the U.S. Senate to pass legislation reestablishing criminal penalties for distributing or producing child pornography or obscene depictions, including computer-generated images.
Opponents say the White House and Capitol Hill are flaunting the Supreme Court's April ruling; President Bush says children must be protected from the Internet.
Librarians say the filter law is unconstitutional, and that it will block an adult's access to the Internet as well.
