The same budget concerns constraining the number of books that libraries can offer also limits the number of terminals, Internet accounts, and speed of access links that can be purchased, and thus the number of Web pages that patrons can view. This is clear to anyone who has been denied access to a Website because no terminal was unoccupied.
Mark S. Nadel, The First Amendment’s Limitations
on the Use of Internet Filtering in Public and School
Libraries: What Content Can Libraries Exclude?,
78 Tex. L. Rev. 1117, 1128 (2000).
We
have found that approximately 14.3 million Americans
access the Internet at a public library, and Internet
access at public libraries is more often used by those
with lower incomes than those with higher incomes.
We found that about 20.3% of Internet users with
household family income of less than $15,000 per year
use public libraries for Internet access, and approximately
70% of libraries serving communities with poverty
levels in excess of 40% receive E-rate discounts.
The widespread availability of Internet access in
public libraries is due, in part, to the availability
of public funding, including state and local funding
and the federal funding programs regulated by CIPA.
We acknowledge
that traditional public fora have
characteristics that promote First Amendment values
in ways that the provision of Internet access in public
libraries does not. For example, a significant
virtue of traditional public fora is their facilitation
of face-to-face communication. “In a face-to-face
encounter there is a greater opportunity for the exchange
of ideas and the propagation of views . . . .”
Cornelius, 473 U.S. at 798. Face-to-face exchanges
also permit speakers to confront listeners who would
otherwise not actively seek out the information that
the speaker has to offer. In contrast, the Internet
operates largely by providing individuals with only
that information that they actively seek out.
Although the Internet does not permit face-to-face
communication in the same way that traditional public
fora do, the Internet, as a medium of expression,
is significantly more interactive than the broadcast
media and the press. “[T]he Web makes it possible
to establish two-way linkages with potential sympathizers.
Unlike the unidirectional nature of most mass media,