CIPA as-applied challenge?

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.

2 Responses to “CIPA as-applied challenge?”

  1. Disclaimer – IANAL (I Am Not A Lawyer).

    I think it’s a little more complex. I don’t believe that an “as-applied” challenge is necessarily restricted to whack-a-mole style application. The idea is that if you can show, according to some standard, the law just isn’t working in practice, that’ll strike it down.

  2. walt says:

    Seth–see the modified post, which points to your post, which clarifies that–based on your citizen journalism–ACLU doesn’t plan an as-applied challenge. More’s the pity, but I suspect that the existence of one known minimalist and easy-to-unblock filter would make it difficult to win, unless the standard for the law not working was set fairly low. Anyway, many thanks for clearing things up!