For the Eastern district of Pennsylvania

American library association, :  Civil action
Inc., et al. : 
                                        : 
v. : 
                                        : 
United states, et al. :  No. 01-1303
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Multnomah county public :  Civil action
library, et al. : 
                                        : 
v. : 
                                        : 
United states of America, et al. :  No. 01-1322

        Order

And now, this day of May, 2002, based on the foregoing findings of fact and conclusions of law, it is hereby ordered that: 

(1) judgment is entered in favor of the plaintiffs and against the defendants, declaring that Sec.Sec. 1712(a)(2) and 1721(b) of the Children’s Internet Protection Act, 20 U.S.C.  Sec. 9134(f) and 47 U.S.C.  Sec. 254(h)(6), are facially invalid under the First Amendment to the United States Constitution; and

(2) the United States, Michael Powell, in his official capacity as Chairman of the Federal Communications Commission, the Federal Communications Commission, Beverly Sheppard, in her official capacity as Acting Director of the Institute of Museum and Library Services, and the Institute of Museum and Library Services are permanently enjoined from withholding federal funds from any public library for failure to comply with Sec.Sec. 1712(a)(2) and 1721(b) of the Children’s Internet Protection Act, 20 U.S.C.  Sec. 9134(f) and 47 U.S.C.  Sec. 254(h)(6).  By the court: 

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Ch.  Cir.  J.

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J.

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J.

FOOTNOTES

Plaintiffs advance three other alternative, independent grounds for holding CIPA facially invalid.  First, they submit that even if CIPA will not induce public libraries to violate the First Amendment, CIPA nonetheless imposes an unconstitutional condition on public libraries by requiring them to relinquish their own First Amendment rights to provide unfiltered Internet access as a condition on their receipt of federal funds.  See infra n.36.  Second, plaintiffs contend that CIPA is facially invalid because it effects an impermissible prior restraint on speech by granting filtering companies and library staff unfettered discretion to suppress speech before it