RESOUR> [NetGold] CHILDREN: INTERNET : INTERNET: LAW LEGAL POLITICAL AND GOVERNMENTAL ISSUES : ARTICLE: Potential Legal Challenges to the Application of the Children's Internet Protection Act (CIPA) in Public Libraries

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Net Happenings - From Educational CyberPlayGround
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Date: Tue, 10 Feb 2004 10:24:23 -0500 (EST)
From: David P. Dillard <jwne@xxxxxxxxxx>
Reply-To: NetGold@xxxxxxxxxxxxxxx
To: NetGold <NetGold@xxxxxxxxxxxxxxx>
Subject: [NetGold] CHILDREN: INTERNET : INTERNET: LAW LEGAL POLITICAL AND
    GOVERNMENTAL ISSUES : ARTICLE: Potential Legal Challenges to the
    Application of the Children's Internet Protection Act (CIPA) in Public
    Libraries

CHILDREN: INTERNET : INTERNET: LAW LEGAL POLITICAL AND GOVERNMENTAL ISSUES
: ARTICLE: Potential Legal Challenges to the Application of the Children's
Internet Protection Act (CIPA) in Public Libraries: Strategies and Issues

This article may be of great interest to all of those either concerned
about the safety of children in their use of the Internet or about the
privacy and freedom of speech and freedom of information issue concerns
created by this legislation.


Potential Legal Challenges to the Application of the Children's Internet
Protection Act (CIPA) in Public Libraries: Strategies and Issues
by Paul T. Jaeger and Charles R. McClure
<http://firstmonday.org/issues/issue9_2/jaeger/>

Article Abstract:

"Potential legal challenges to the application of the Childrens Internet
Protection Act (CIPA) in public libraries: Strategies and issues by Paul
T. Jaeger and Charles R. McClure

When the United States Supreme Court upheld the constitutionality of the
Childrens Internet Protection Act (CIPA), the ruling was limited to issues
of whether the statute, as written, was an unconstitutional limitation of
freedom of speech. In holding that the wording of the law did not present
an unconstitutional limitation on the exercise of free speech, the Supreme
Court did not address the constitutionality of the application of the law.
Two of the Justices who concurred that CIPA was legal on its face, in
fact, suggested the possibility of future legal challenges to CIPA as it
is applied in public libraries. This paper discusses potential problems
related to the implementation of CIPA that could affect the exercise of
free speech in public libraries. It also suggests possible legal
challenges to the application of the law that could be made using
established First Amendment jurisprudence. The legal issues that might be
used to challenge the Courts decision include least restrictive
alternative, vagueness, overbreadth, request policies, prior restraints,
public forum, and limitations on political speech. The discussion of each
legal issue offers an approach that could be taken in formulating and
raising a legal challenge to the application of CIPA."

Contents
Background
Potential future challenges to the application of CIPA in public libraries
The Viability of future legal challenges to CIPA

Excerpt from the article:

"A number of research and legal questions must be answered before the
impact of CIPA on public libraries can be adequately gauged (Jaeger et
al., in pressa; Jaeger et al., under review). In addition, these research
and legal questions  as discussed above  offer a number of potential
bases by which the existing decision might be challenged. As public
libraries engage in the implementation of CIPAs requirements, however,
there are many potential avenues for challenging the constitutionality of
the law as it is applied. It is difficult to determine the viability of
each of the various potential avenues of appeal, as the case law related
to the First Amendment is extremely complex and courts can decide such
cases on the smallest of factors or on expert legal argument. Supreme
Court jurisprudence in this area often relies on very fine differences in
terminology (Kramer, 2003). The viability of any future challenges to the
application of CIPA will hinge on the specific factors of that particular
case and the findings of research about the overall implementation of
CIPA.

There are, nonetheless, a number of problems with the Courts decision
that may offer a basis for challenging the CIPA decision. Equally
important is the need for the public library community and government
officials to better understand the implications of the decision and how
these will affect the application of the decision in local library
situations. Yet to be determined is the interest and resolve of the
public library community and public library patrons to continue to
challenge the CIPA decision and insure that public library users
especially adults  have not had their First Amendment rights restricted
in their access to Internetbased information"


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RESEARCH AND EVALUATION
Research done by US military schools has shown the #1 difference
in children's scholastic success depends on parental  involvement.
You can model their success by simply inviting your parents into
your school and ask them to be active in the classroom.
http://www.edu-cyberpg.com/Teachers/admin.html
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The full text of the article may be viewed at the URL above.  The article
provides a substantial bibliography for those who want to pursue this
subject further.


Sincerely,
David Dillard
Temple University
(215) 204 - 4584
jwne@xxxxxxxxxxxxxxxx
<http://groups.yahoo.com/group/NetGold/>
<http://www.edu-cyberpg.com/ringleaders/davidd.html>
<http://www.kovacs.com/medref-l/medref-l.html>


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