CIPA Goes To Trial
(c) March 25, 2002
wiaflw

Congress is scheduled to go to trial today to defend the constitutionality of their Children's Internet Protection Act (CIPA) which was signed into law in 2000 by then-President Bill Clinton.

If ruled constitutional, the Children's Internet Protection Act would cut off federal funds that subsidize Internet access to libraries that fail to install porn filtering software on their computers.

Those challenging the law include the American Civil Liberties Union, People for the American Way, and a coalition of libraries and library patrons. They're concerned that the law will slowly erode the right to free speech which is guaranteed under the First Amendment, while others view it as an attempt by Congress to use the issue of pornography "as an excuse for denying public access to Web sites operated by their ideological opponents."

The American Library Association, which estimates that the government has provided more than $800 million to public libraries since 1999, worry that the loss of funds could cause smaller public libraries to cut off Internet service altogether. This would essentially eliminate web access for the majority of poor people who frequent the libraries and for whom the library is the only means for them to connect to the Internet.

If the challenge is successful, the special three-judge panel of Philadelphia's U.S. District Court will impose a permanent injuction against the law, preventing it from ever taking effect.

Congress's first attempt at controlling Internet porn was through the 1996 Communications Decency Act, which was ruled unconstitutional by the Supreme Court on the grounds that it infringed on free speech rights. They then made another attempt in 1998 with the Child Online Protection Act (COPA). But it too failed, as a temporary injunction was issued against it. However, the Supreme Court is expected to issue a final decision on it some time later this year.

It's a bit ironic how the government has denounced pornography and tries to rid the Internet of it, yet they're they ones who frequently access and download such material.