CASE SUMMARY $2\mathrm{.}6$ United States v$.$ American Library Association, $539$ U$.$S$.194(2003)$

NECESSARY AND PROPER CLAUSE

In an effort to increase Internet access for the public, Congress enacted legislation to create the E$-$Rate program, which provides discounted Internet rates, as well as the Library Services and Technology Act $($LSTA$),$ which provides financial grants to libraries. At the same time, Congress also approved the Children's Internet Protection Act $($CIPA$).$ In brief, CIPA conditions the receipt of federal funds under the E$-$Rate program and the LSTA on libraries' purchase and installation of software that blocks obscene or pornographic material. A group of libraries and private citizens filed suit, claiming that connecting LSTA grant funds to CIPA compliance is unconstitutional.

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CASE QUESTIONS

Is the condition requiring the purchase and installation of blocking software in order to qualify for discounts and grants constitutional?

Is the First Amendment at issue in this case? Explain your answer.

What regulations or restrictions, if any, may Congress impose on Internet communications?