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FOR IMMEDIATE RELEASE

Constitutionality of Internet Filtering Mandate Challenged in Court

CDT Supports American Library Association and ACLU Court Challenge to Childrenšs Internet Protection Act (CHIPA)

Today the American Library Association and the American Civil Liberties Union filed suit in federal district court challenging the Childrenšs Internet Protection Act (CHIPA). CDT supports these efforts to overturn the broad filtering mandates for schools and libraries passed by Congress last year.

CHIPA requires that schools and libraries receiving a broad array of important federal funding, including the "E-rate" program, install and use blocking technology to filter out "obscene" or "harmful to minors" material. The statue was passed as part of last fall's massive budget appropriations bill and will become effective on April 20, 2001.

The ALA and the ACLU are challenging CHIPA in federal District Court in Philadelphia on constitutional grounds. The lawsuits argue that the filtering mandate imposed by Congress violates the First Amendment because it restricts access to constitutionally protected speech. No filtering or blocking technology exists that blocks access only to speech that is obscene, child pornography, or harmful to minors based on the myriad of different community standards that exist across the U.S.

"These lawsuits demonstrate the serious constitutional problems raised by forcing schools and libraries to adopt a one-size-fits all filtering approach," said Alan Davidson, CDT Associate Director. "Filtering can be a useful tool in the hands of families, but threatens free expression online when mandated by the federal government."

The Center for Democracy and Technology supports the ALA and the ACLU in their effort. CDT believes that the best way to protect children online is through user empowerment: by placing information and effective technologies into the hands of families so they can make their own choices about their online experience based on personal and family values. Doing so assures that the online experience of families and children is positive and educational, without compromising the First Amendment rights of all Internet users. User empowerment enables of diversity of strategies for keeping children safe and at the same time preserves the full breadth of Internet experiences.

For more information or comment, please contact Paula Bruening or Alan Davidson at CDT, (202) 637-9800.

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