Seth writes: “The Online Policy Group
(OPG) and software expert
Seth Finkelstein have
submitted a brief
to the U.S. Supreme Court
supporting
a lower court decision
that the
Children’s Internet Protection Act (CIPA)
places unconstitutional limitations on free
speech of library patrons by requiring the use of technology protection
measures in libraries receiving certain federal funding or discounts.
OPG and Finkelstein’s brief, prepared by attorneys Daniel H. Bromberg,
Charles Morse, and Josh Fairfield of the law firm Jones Day, argues
that CIPA’s technology protection requirement forces libraries to use
commercial blocking software. Because blocking software censors speech
that receives full First Amendment protection and may discriminate
against certain viewpoints, OPG and Finkelstein argue that CIPA should
be subject to strict scrutiny.
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