The Library Services and Technology Act ("LSTA"), Subchapter ii of the Museum and Library Services Act, 20 U.S.C.  Sec. 9101 et seq., was enacted by Congress in 1996 as part of the Omnibus Consolidated Appropriations Act of 1997, Pub.  L. No. 104-208.  The LSTA establishes three grant programs to achieve the goal of improving library services across the nation.  Under the Grants to States Program, LSTA grant funds are awarded, inter alia, in order to assist libraries in accessing information through electronic networks and pay for the costs of acquiring or sharing computer systems and telecommunications technologies.  See 20 U.S.C.  Sec. 9141(a).  Through the Grants to States program, LSTA funds have been used to acquire and pay costs associated with Internet-accessible computers located in libraries. 2.  CIPA The Children’s Internet Protection Act ("CIPA”) was enacted as part of the Consolidated Appropriations Act of 2001, which consolidated and enacted several appropriations bills, including the Miscellaneous Appropriations Act, of which CIPA was a part.  See Pub.  L. No. 106-554.  CIPA addresses three distinct types of federal funding programs:  (1) aid to elementary and secondary schools pursuant to Title iii of the Elementary and Secondary Education Act of 1965, see CIPA Sec. 1711 (amending Title 20 to add Sec. 3601); (2) LSTA grants to states for support of libraries, see CIPA Sec. 1712 (amending the Museum and Library Services Act, 20 U.S.C.  Sec. 9134); and (3) discounts under the E-rate program, see CIPA Sec. 1721(a) & (b) (both amending the Communications Act of 1934, 47 U.S.C.  Sec. 254(h)).  Only sections 1712 and 1721(b) of CIPA, which apply to libraries, are at issue in this case.

As explained in more detail below, CIPA requires libraries that participate in the LSTA and E-rate programs to certify that they are using software filters on their computers to protect against visual depictions that are obscene, child pornography, or in the case of minors, harmful to minors.  CIPA permits library officials to disable the filters for patrons for bona fide research or other lawful purposes, but disabling is not permitted for minor patrons if the library receives E-rate discounts. 1.  CIPA’s Amendments to the E-rate Program

Section 1721(b) of CIPA imposes conditions on a library’s participation in the E-rate program.  A library “having one or more computers with Internet access may not receive services at discount rates,” CIPA Sec. 1721(b) (codified at 47 U.S.C.  Sec. 254(h)(6)(A)(i)), unless the library certifies that it is “enforcing a policy of Internet safety that includes the operation of a technology protection measure with respect to any of its computers with Internet access that protects against access through such computers to visual depictions that are – (I) obscene; (ii) child pornography; or (iii) harmful to minors,” and that it is “enforcing the operation of such technology protection measure during any use of such computers by minors.”  CIPA Sec. 1721(b) (codified at 47 U.S.C.  Sec. 254(h)(6)(B)).  CIPA defines a “technology protection measure” as “a specific technology that blocks or filters access to visual depictions that are obscene, . . . child pornography, . . . or harmful to minors.”  CIPA Sec. 1703(b)(1) (codified at 47 U.S.C.  Sec. 254(h)(7)(I)).