October Term 2002 · Docket 02-361
Does federal funding require libraries to block online pornography?
Libraries argue blocking porn protects speech. The government argues blocking prevents harm.
Verified source milestones
- — An official oral-argument transcript was verified.
- — An official oral-argument transcript was verified.
The arguments, in order
This case may have been argued more than once. Each entry below uses that session's official transcript. Later arguments do not erase earlier ones.
Argument 1 ·
What happened at the argument
Mr. Smith argued the law is unconstitutional for two separate reasons.
He stated the act requires libraries to engage in presumptively unconstitutional conduct.
Mr. Olson argued blocking pornography is similar to excluding books from shelves.
He claimed offering internet access without pornography expands freedom of speech.
Read the official transcript for this argument · Official argument details
Sources used for this argument breakdown
- Official Supreme Court Transcript — file page 25, lines 31-1 — Transcript, file page 25, lines 31-1
- Official Supreme Court Transcript — file page 3, lines 17-9 — Transcript, file page 3, lines 17-9
- Official Supreme Court Transcript — file page 3, lines 5-15 — Transcript, file page 3, lines 5-15
- Official Supreme Court Transcript — file page 52, lines 15-37 — Transcript, file page 52, lines 15-37
- Official Supreme Court Transcript — file page 56, lines 11-31 — Transcript, file page 56, lines 11-31
- Official Supreme Court Transcript — file page 59, lines 45-45 — Transcript, file page 59, lines 45-45
A citizen's guide to the whole case
What this case is about
The Children's Internet Protection Act ties federal funds to internet filters. Libraries say this forces unconstitutional conduct. The government says filters expand free speech.
Official sources for this section
- Official Supreme Court Transcript — file page 25, lines 31-1 — Transcript, file page 25, lines 31-1
- Official Supreme Court Transcript — file page 3, lines 17-9 — Transcript, file page 3, lines 17-9
- Official Supreme Court Transcript — file page 52, lines 15-37 — Transcript, file page 52, lines 15-37
- Official Supreme Court Transcript — file page 56, lines 11-31 — Transcript, file page 56, lines 11-31
How the case got here
The Supreme Court heard oral argument in this case on March 5, 2003.
Official sources for this section
- Official Supreme Court Transcript — file page 3, lines 5-15 — Transcript, file page 3, lines 5-15
- Official Supreme Court Transcript — file page 59, lines 45-45 — Transcript, file page 59, lines 45-45
What each side wants
Libraries want the law struck down as unconstitutional.
The government wants the law upheld to protect children.
Official sources for this section
- Official Supreme Court Transcript — file page 25, lines 31-1 — Transcript, file page 25, lines 31-1
- Official Supreme Court Transcript — file page 3, lines 17-9 — Transcript, file page 3, lines 17-9
- Official Supreme Court Transcript — file page 52, lines 15-37 — Transcript, file page 52, lines 15-37
- Official Supreme Court Transcript — file page 56, lines 11-31 — Transcript, file page 56, lines 11-31
What each side says
Libraries argue the law forces them to engage in presumptively unconstitutional conduct.
The government argues blocking porn expands freedom of speech rather than abridging it.
Official sources for this section
- Official Supreme Court Transcript — file page 25, lines 31-1 — Transcript, file page 25, lines 31-1
- Official Supreme Court Transcript — file page 3, lines 17-9 — Transcript, file page 3, lines 17-9
- Official Supreme Court Transcript — file page 52, lines 15-37 — Transcript, file page 52, lines 15-37
- Official Supreme Court Transcript — file page 56, lines 11-31 — Transcript, file page 56, lines 11-31
What the justices asked
Chief Justice Rehnquist asked if the case was submitted.
Official sources for this section
- Official Supreme Court Transcript — file page 59, lines 45-45 — Transcript, file page 59, lines 45-45
Why it matters
This case determines whether public libraries must filter internet content to receive federal money. It defines the balance between child safety and free speech in public spaces.
Official sources for this section
- Official Supreme Court Transcript — file page 25, lines 31-1 — Transcript, file page 25, lines 31-1
- Official Supreme Court Transcript — file page 3, lines 17-9 — Transcript, file page 3, lines 17-9
- Official Supreme Court Transcript — file page 52, lines 15-37 — Transcript, file page 52, lines 15-37
- Official Supreme Court Transcript — file page 56, lines 11-31 — Transcript, file page 56, lines 11-31
What happens next
This article currently covers the argument record. Use the official docket link for later case activity.
Official sources for this section
- Official Supreme Court Transcript — file page 3, lines 5-15 — Transcript, file page 3, lines 5-15
- Official Supreme Court Transcript — file page 59, lines 45-45 — Transcript, file page 59, lines 45-45
Official Court provenance
Official docket and case history · Official Supreme Court oral-argument detail page
Title and summary sources
- Official Supreme Court Transcript — file page 25, lines 31-1 — Transcript, file page 25, lines 31-1
- Official Supreme Court Transcript — file page 3, lines 17-9 — Transcript, file page 3, lines 17-9
- Official Supreme Court Transcript — file page 52, lines 15-37 — Transcript, file page 52, lines 15-37
- Official Supreme Court Transcript — file page 56, lines 11-31 — Transcript, file page 56, lines 11-31
- Official Supreme Court Transcript — file page 25, lines 31-1 — Transcript, file page 25, lines 31-1
- Official Supreme Court Transcript — file page 3, lines 17-9 — Transcript, file page 3, lines 17-9
- Official Supreme Court Transcript — file page 52, lines 15-37 — Transcript, file page 52, lines 15-37
- Official Supreme Court Transcript — file page 56, lines 11-31 — Transcript, file page 56, lines 11-31
Revision history
- Revision 1 · Official Transcript ·
Correction: Rewritten to the concise citizen-facing editorial standard.
- Revision 2 · Official Transcript ·
Correction: Migrated to the dated official Court activity contract without model use.