IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
__________________________________________)
AMERICAN LIBRARY ASSOCIATION, INC. )
50 East Huron Street, Chicago, IL 60611, ))
FREEDOM TO READ FOUNDATION )
50 East Huron Street, Chicago, IL 60611, ))
ALASKA LIBRARY ASSOCIATION )
Fairbanks, AK 99701, ))
CALIFORNIA LIBRARY ASSOCIATION )
717 K Street, Sacramento, Suite 300, CA 95814, ))
NEW ENGLAND LIBRARY ASSOCIATION ) CIVIL ACTION NO.
Countryside Offices, 707 Turnpike Street, ) _________________
North Andover, MA 01845, ))
NEW YORK LIBRARY ASSOCIATION )
252 Hudson Avenue, Albany, NY 12210, ) COMPLAINT FOR
) DECLARATORY AND
ASSOCIATION OF COMMUNITY ) INJUNCTIVE RELIEF
ORGANIZATIONS FOR REFORM NOW,1024 )
Elysian Fields Avenue, New Orleans, LA 70117, ))
FRIENDS OF THE PHILADELPHIA CITY )
INSTITUTE LIBRARY,1905 Locust Street, )
Philadelphia, PA 19103, ))
PENNSYLVANIA ALLIANCE FOR )
DEMOCRACY, 300 N. Second Street, Suite 906, )
Harrisburg, PA 17108, ))
ELIZABETH HRENDA )
Harrisburg, PA 17109, ))
C. DONALD WEINBERG )
Philadelphia, PA 19103, ))
Plaintiffs, ))
vs. ))
UNITED STATES, ))
MICHAEL POWELL, in his official capacity as )
CHAIRMAN OF THE FEDERAL )
COMMUNICATIONS COMMISSION )
445 12th Street, S.W., Washington, D.C. 20554, ))
FEDERAL COMMUNICATIONS COMMISSION )
445 12th Street S.W., Washington, D.C. 20554, ))
BEVERLY SHEPPARD, in her official capacity as )
ACTING DIRECTOR OF THE INSTITUTE OF )
MUSEUM AND LIBRARY SERVICES, )
1100 Pennsylvania Ave., N.W., Washington, D.C. )
20506, ))
INSTITUTE OF MUSEUM AND LIBRARY )
SNIPPETS:
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
FEDERAL COMMUNICATIONS COMMISSION)
20 U.S.C. § 9134) (the "Act" or "CHIPA") imposes unprecedented, sweeping federal speech
public libraries have served as
the overwhelming majority of public libraries across the
country now offer free public access to the Internet, a unique medium of expression "as
Reno v. ACLU, 521 U.S. 844, 870.
public libraries by requiring them to violate patrons' constitutional right to receive
use of content blocking software on all library Internet terminals,
from the Federal Communications Commission or the Institute of Museum and Library Services
unless the library certifies that it uses computer technology on all computers to block
and the inherent limitations of available filtering technology, it is both practically and
of plaintiffs, their members, and patrons to communicate and receive protected expression.
on Internet resources, or forgo vital federal funds to which the libraries are otherwise
provisions, which grant library employees unbridled discretion in deciding whether to disable
ALA's direct membership includes over 61,000 members with over 3,000 libraries.
the participation of the ALA's members in order to vindicate their individual rights.
receive either e-rate or LSTA funds for the provision of public Internet access.
Defendant BEVERLY SHEPPARD, is the Acting Director of defendant
Amendment protection.
Because most filtering software operates on undisclosed, secret criteria, filtering
the level of e-rate discounts available to a requesting library or consortium is
Libraries serving the poorest communities nationwide relied even more
Constitution because it conditions access to funding and discounts on acceptance of content
|