\”On June 23, the Supreme Court issued what had been anticipated to be a major First Amendment decision, United States v. American Library Ass\’n. Inc.. There, the Court held, 6-3, that the First Amendment does not prohibit Congress from forcing public libraries – as a condition of receiving federal funding – to use software filters to control what patrons access online via library computers.\”
\”At first glance, the American Library Ass\’n decision appears to be a major defeat for free speech, for it means the filters will stay in place – with the blessing of two-thirds of the Supreme Court. It also might seem to be a repudiation of the longstanding \”unconstitutional conditions\” doctrine – which holds that Congress can\’t force the states to violate rights in order to get funds.\”
\”But closer inspection reveals that in fact, the decision is relatively limited. In part for that reason, it is probably not a good predictor of what the Court will do in future First Amendment cases.\” (from Findlaw\’s Writ)
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