libraries – grants under the Library Services and Technology Act,
20 U.S.C. Sec. 9101 et seq. ("LSTA"), and so-called "E-rate
discounts" for Internet access and support under the
Telecommunications Act, 47 U.S.C. Sec. 254. LSTA grant funds are
awarded, inter alia, in order to: (1) assist libraries in
accessing information through electronic networks, and (2)
provide targeted library and information services to persons
having difficulty using a library and to underserved and rural
communities, including children from families with incomes below
the poverty line. E-rate discounts serve the similar purpose of
extending Internet access to schools and libraries in low-income
communities. CIPA requires that libraries, in order to receive
LSTA funds or E-rate discounts, certify that they are using a
"technology protection measure" that prevents patrons from
accessing "visual depictions" that are "obscene," "child
pornography," or in the case of minors, "harmful to minors." 20
U.S.C. Sec. 9134(f)(1)(A) (LSTA); 47 U.S.C. Sec. 254(h)(6)(B) & (C) (E-
rate).


The plaintiffs, a group of libraries, library associations,
library patrons, and Web site publishers, brought this suit
against the United States and others alleging that CIPA is
facially unconstitutional because: (1) it induces public
libraries to violate their patrons' First Amendment rights
contrary to the requirements of South Dakota v. Dole, 483 U.S.
203 (1987); and (2) it requires libraries to relinquish their
First Amendment rights as a condition on the receipt of federal
funds and is therefore impermissible under the doctrine of
unconstitutional conditions. In arguing that CIPA will induce