Jessamyn points out an ACLU press release (but I couldn’t open the PDF) about a survey of Rhode Island libraries suggesting that CIPA is being applied in ways that don’t fit the Supreme Court’s reworking of the law: That is, unblocking isn’t being done on request (without explanation for the request) for adult users.
Maybe you’ll have better luck fetching the press release and survey…
There seems little question that a majority of SCOTUS would strike down CIPA if it was impossible to implement filters in the manner described in the decision.
But if some libraries are able to do that, then I’d guess it’s not a question of CIPA’s constitutionality but of how given libraries have chosen to implement filters. In which case, ACLU’s suit will be against the library, not CIPA, and things could get very messy for the library/libraries involved.
Anyway, worth watching! Thanks, Jessamyn.
Update: Seth Finkelstein has confirmed, by asking them, that ACLU does not plan to mount an as-applied challenge to CIPA. More’s the pity.