about health and sexuality that adults and teenagers seek on the Web.  One teenager

testified that the Internet access in a public library was the only venue in which she could

obtain information important to her about her own sexuality.  Another library patron

witness described using the Internet to research breast cancer and reconstructive surgery

for his mother who had breast surgery.  Even though some filtering programs contain

exceptions for health and education, the exceptions do not solve the problem of 

overblocking constitutionally protected material.  Moreover, as we explain below, the

filtering software on which the parties presented evidence in this case overblocks not only

information relating to health and sexuality that might be mistaken for pornography or

erotica, but also vast numbers of Web pages and sites that could not even arguably be

construed as harmful or inappropriate for adults or minors.  

The Congress, sharing the concerns of many library boards, enacted the Children's

Internet Protection Act ( CIPA ), Pub. L. No. 106 554, which makes the use of filters by

a public library a condition of its receipt of two kinds of subsidies that are important (or

even critical) to the budgets of many public libraries   grants under the Library Services

and Technology Act, 20 U.S.C.   9101 

et seq.

 ( LSTA ), and so called  E rate

discounts  for Internet access and support under the Telecommunications Act, 47 U.S.C.

  254.  LSTA grant funds are awarded, 

inter alia

, in order to: (1) assist libraries in

accessing information through electronic networks, and (2) provide targeted library and

information services to persons having difficulty using a library and to underserved and

rural communities, including children from families with incomes below the poverty line. 

6