Speech without Romance: Public Choice and the
First Amendment, 105 Harv. L. Rev. 554, 574 n.86
(1991) (noting that traditional public fora “are
often the only place where less affluent groups and
individuals can effectively express their message");
Harry Kalven, Jr., The Concept of the Public Forum:
Cox v. Louisiana, 1965 Sup. Ct. Rev.
1, 30 ("[T]he parade, the picket, the leaflet, the
sound truck, have been the media of communication
exploited by those with little access to the more
genteel means of communication."). Similarly,
given the existence of message boards and free Web
hosting services, a speaker can, via the Internet,
address the public, including patrons of public libraries,
for little more than the cost of Internet access.
As the Supreme Court explained in Reno v. ACLU,
521 U.S. 844 (1997), “the Internet can hardly
be considered a ‘scarce’ expressive commodity.
It provides relatively unlimited, low-cost capacity
for communication of all kinds.” Id. at
870. Although the cost of a home computer and
Internet access considerably exceeds the cost of a
soapbox or a few hundred photocopies, speakers wishing
to avail themselves of the Internet may gain free
access in schools, workplaces, or the public library.
As Professor Lessig has explained: The “press”
in 1791 was not the New York Times or the Wall Street
Journal. It did not comprise large organizations
of private interests, with millions of readers associated
with each organization. Rather, the press then
was much like the Internet today. The cost of
a printing press was low, the readership was slight,
and anyone (within reason) could become a publisher
and in fact an extraordinary number did. When
the Constitution speaks of the rights of the “press,”
the architecture it has in mind is the architecture
of the Internet.
Lawrence Lessig, Code 183 (1999). While public
libraries’ provision of Internet access shares
many of the speech-promoting qualities of traditional
public fora, it also facilitates speech in ways that
traditional public fora cannot. In particular,
whereas the architecture of real space limits the
audience of a pamphleteer or soapbox orator to people
within the speaker’s immediate vicinity, the
Internet renders the geography of speaker and listener
irrelevant: Through the use of chat rooms, any
person with a phone line can become a town crier with
a voice that resonates farther than it could from
any soapbox. Through the use of Web pages, mail
exploders, and newsgroups, the same individual can
become a pamphleteer.
Reno, 521 U.S. at 870 . By providing patrons
with Internet access, public libraries in effect open
their doors to an unlimited number of potential speakers
around the world, inviting the speech of any member
of the public who wishes to communicate with library
patrons via the Internet. Due to the low costs
for speakers and the irrelevance of geography, the
volume of speech available to library patrons on the