the "case or controversy" requirement of Article III, Sec. 2 of the
Constitution is met by the existence of the plaintiff libraries
that qualify for LSTA and E-rate funding and the library
associations whose members qualify for such funding. These
plaintiffs are faced with the impending choice of either
certifying compliance with CIPA by July 1, 2002, or foregoing
subsidies under the LSTA and E-rate programs, and therefore
clearly have standing to challenge the constitutionality of the
conditions to which they will be subject should they accept the
subsidies. We also note that the presence of the Web site
publishers and individual library patrons does not affect our
legal analysis or disposition of the case.
The OCLC database, a cooperative cataloging service
established to facilitate interlibrary loan requests, includes 40
million catalog records from approximately 48,000 libraries of
all types worldwide. Slightly more than 400 of the libraries in
the OCLC database are listed as carrying Playboy in their
collections, while only eight subscribe to Hustler.
Fort Vancouver Regional Library, for example, combines
the methods of strategically placing terminals in low traffic
areas and using privacy screens. A section headed
"Confidentiality and Privacy" on the library's home page states:
"in order to protect the privacy of the user and the interests of
other library patrons, the library will attempt to minimize
unintentional viewing of the Internet. This will be done by use
of privacy screens, and by judicious placement of the terminals
and other appropriate means."
Indeed, we granted leave for N2H2's counsel to intervene
in order to object to testimony that would potentially reveal
N2H2's trade secrets, which he did on several occasions.