inter alia

, in order to assist libraries in accessing information through electronic networks

and pay for the costs of acquiring or sharing computer systems and telecommunications

technologies.  

See 

20 U.S.C.   9141(a).  Through the Grants to States program, LSTA

funds have been used to acquire and pay costs associated with Internet accessible

computers located in libraries. 

2.  CIPA

The Children's Internet Protection Act ( CIPA ) was enacted as part of the

Consolidated Appropriations Act of 2001, which consolidated and enacted several

appropriations bills, including the Miscellaneous Appropriations Act, of which CIPA was

a part.  

See

 Pub. L. No. 106 554

.

  CIPA addresses three distinct types of federal funding

programs: (1) aid to elementary and secondary schools pursuant to Title III of the

Elementary and Secondary Education Act of 1965, 

see

 CIPA   1711 (amending Title 20

to add   3601); (2) LSTA grants to states for support of libraries, 

see

 CIPA   1712

(amending the Museum and Library Services Act, 20 U.S.C.   9134); and (3) discounts

under the E rate program, 

see

 CIPA   1721(a) & (b) (both amending the Communications

Act of 1934, 47 U.S.C.   254(h)).  Only sections 1712 and 1721(b) of CIPA, which apply

to libraries, are at issue in this case.

As explained in more detail below, CIPA requires libraries that participate in the

LSTA and E rate programs to certify that they are using software filters on their

computers to protect against visual depictions that are obscene, child pornography, or in

the case of minors, harmful to minors.  CIPA permits library officials to disable the filters

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