The CIPA was the third attempt by the
U.S. Congress to prohibit exposing children to obscenity and indecency on the Internet. The two earlier statutes, the
Communications Decency Act (1996) and the
Child Online Protection Act (1998), were both struck down by the
U.S. Supreme Court as unconstitutional on
First Amendment grounds, and not the
least restrictive means to achieve the government's goal of shielding children from such material on the Internet. Learning from those two Supreme Court losses but still hoping to institute some sort of regulation against inappropriate online material that can be accessed by children, Congress tied the suppression of such material to the disbursement of federal funds to facilities that receive that money for computer labs to be used by children. The CIPA requires public schools and libraries to
filter such material as a condition for receiving funds. Those schools and libraries were required to implement "a technology protection measure" on each computer with internet capability, and to use those tools to block sites that display material deemed obscene (and therefore liable to be banned by government) per the
Miller Test. For public schools, the CIPA requires monitoring of student Internet use, but this is not the case for public libraries. The managers of some schools and libraries objected to these requirements, and in the years after the passage of the CIPA about one-third of the public libraries in the United States chose to forfeit their E-Rate funds rather than install the mandated software filters. For any patron requesting access to blocked sites for "
bona fide research," the FCC allows libraries to institute their own procedures for determining if the research request is valid, and to disable the filters at their discretion. Regardless, the
American Library Association challenged the constitutionality of the CIPA in court, claiming that the statute required librarians to restrict the
First Amendment-protected expression of their patrons. In ''
United States v. American Library Ass'n'' (2003), the U.S. Supreme Court upheld the CIPA as constitutional because it does not ban material that is appropriate for consenting adults, while the requirement for using software filters in return for federal funding was the
least restrictive means of achieving the goal of shielding children from inappropriate content in public environments. ==Legacy==