American Libraries Association v. Pataki

The explosion in Internet usage has raised new questions about whether all information therein has a guarantee of Freedom of the Press under the First Amendment. The Constitution guaranteed a free and uncensored press; later expansions provide similar coverages to other print and broadcast media. The 1986 Communication Privacy Act protects individual privacy rights in using email, bulletin boards, and other electronic media.

The devastation caused by the Oklahoma City bombing increased awareness that the Internet was itself a tool used by hate groups and others advocating violence and anarchy. Materials detailing how to construct bombs, such as a 93 page "mayhem manual," are available on the Internet, as well as in print. During a Senate Subcommittee debate on Terrorism, Narcotics, and International Operations, Senators discussed ways that public safety might be maintained without censorship. Up for debate was whether censorship was permissible in cases such as bomb building manuals. Further, if censorship of such materials was imposed, whether it was feasible to monitor and control such information considering the vastness of the Internet. Senator Arlen Specter noted a 1969 U.S. Supreme Court decision that stated, "Speech could not be punished unless it was `an incitement to imminent lawless action.'"