Sec. 3601); (2) LSTA grants to states for support of libraries, see
CIPA Sec. 1712 (amending the Museum and Library Services Act, 20
U.S.C. Sec. 9134); and (3) discounts under the E-rate program, see
CIPA Sec. 1721(a) & (b) (both amending the Communications Act of
1934, 47 U.S.C. Sec. 254(h)). Only sections 1712 and 1721(b) of
CIPA, which apply to libraries, are at issue in this case.


As explained in more detail below, CIPA requires libraries
that participate in the LSTA and E-rate programs to certify that
they are using software filters on their computers to protect
against visual depictions that are obscene, child pornography, or
in the case of minors, harmful to minors. CIPA permits library
officials to disable the filters for patrons for bona fide
research or other lawful purposes, but disabling is not permitted
for minor patrons if the library receives E-rate discounts.
1. CIPA's Amendments to the E-rate Program


Section 1721(b) of CIPA imposes conditions on a library's
participation in the E-rate program. A library "having one or
more computers with Internet access may not receive services at
discount rates," CIPA Sec. 1721(b) (codified at 47 U.S.C. Sec.
254(h)(6)(A)(i)), unless the library certifies 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 – (I)
obscene; (II) child pornography; or (III) harmful to minors," and
that it is "enforcing the operation of such technology protection