Justice Department Says It Will Appeal CIPA Decision
The Justice Department formally notified the Supreme Court June 28 that it will appeal a recent lower court decision striking down those portions of the Children's Internet Protection Act that require libraries to use a technology protection measure on computers that access the Internet.
The department, representing the Federal Communications Commission and the U.S. Institute of Museum and Library Services, said it would seek to reverse the decision, which was rendered in a lawsuit brought by the American Library Association and the American Civil Liberties Union. The case does not involve those portions of CIPA that apply to schools.
The Supreme Court has twice before considered legislation that was designed to protect children from inappropriate online material. It declared the Communications Decency Act unconstitutional; then earlier this year it sent a case involving the Children's Online Protection Act back to a lower court to reconsider certain issues.
In May, a three-judge panel from the U.S. Court of Appeals in Philadelphia ruled that in libraries, CIPA amounted to an unconstitutional limit on the free speech rights of adults.
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