2003_cipa_primer.pdf

For Immediate Release: March 5, 2003

San Francisco, CA — The U.S. Supreme Court today considers the case of the Children’s Internet Protection Act, (CIPA), but the issue will not be resolved by a legal ruling, according to The Children’s Internet Protection Act: A Primer for Legislators, Policymaker, and Parents, released today by the Pacific Research Institute (PRI).

“Regardless of how the high court rules, parental influence, education, local control, and property rights will still be key issues,” said author Sophia Cope.

“Neither is blanket federal legislation always the best solution for a perceived national problem,” said Cope, a law student and former PRI intern. “No federal legislation or filtering software can substitute for parental involvement and personal responsibility.”

Congress passed CIPA in 2000 in an attempt to shield children from pornography. The American Library Association and ACLU filed suit and a federal court ruled that CIPA violated the First Amendment rights of adult library patrons.

PRI’s briefing shows how filtering software mandated by CIPA blocked information about a Christian orphanage in Honduras, a cancer treatment facility in Louisiana, the biology department at Yale, and many other sites that could not be construed as harmful for adults or minors.

Author Sophia Cope notes that exposure of children to pornography can have a detrimental impact, and that 48 million of the nation’s five to 17 year-olds use the Internet. The vast majority use the Internet at home or school, not the library, making a stronger case for parental responsibility.

“There is no means of influencing children more powerful than an involved parent,” Cope said. “No legislation will ever be as effective in influencing children as involved parents, teachers and librarians.”

This briefing argues that local administrators are in the best position to understand the needs of the community.

“Federal legislation is rarely a successful substitute for individuals who take action to solve a community problem,” said Cope.

“The issue supplies a much-needed reminder that federal funds usually come bundled with federal controls, and that those controls may not be suitable for local communities,” she said.

The PRI briefing considers the issue of converting libraries to privately funded non-profits that would not be subject to CIPA-like legislation. It also examines the experience of the Santa Cruz Public Library, which was party to the lawsuit against CIPA.

The author argues that the power of the Internet makes the case for parental involvement and personal responsibility stronger.

“Public policy in all areas should make it easier, not more difficult, for parents to meet their responsibilities,” Cope said.

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About PRI
For more than two decades, the Pacific Research Institute for Public Policy (PRI) has championed individual liberty through free markets. PRI is a non-profit, non-partisan organization dedicated to promoting the principles of limited government, individual freedom, and personal responsibility.