First, we must identify those compelling government interests
that the use of filtering software promotes. It is then
necessary to analyze whether the use of software filters is
narrowly tailored to further those interests. Finally, we must
determine whether less restrictive alternatives exist that would
promote the state interest.
1. State Interests
We begin by identifying those legitimate state interests
that a public library's use of software filters promotes.


1. Preventing the Dissemination of Obscenity, Child
Pornography, and Material Harmful to Minors

On its face, CIPA is clearly intended to prevent public
libraries' Internet terminals from being used to disseminate to
library patrons visual depictions that are obscene, child
pornography, or in the case of minors, harmful to minors. See
CIPA Sec. 1712 (codified at 20 U.S.C. Sec. 9134(f)(1)(A) & (B)), Sec.
1721(b) (codified at 47 U.S.C. Sec. 254(h)(6)(B) & (C)) (requiring
any library that receives E-rate discounts to certify 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
"obscene" or "child pornography," and, when the computers are in
use by minors, also protects against access to visual depictions
that are "harmful to minors").