FC: Supreme Court still wrestling with library filtering decision

[Declan McCullagh <declan () well com>]

http://www.nytimes.com/2003/06/18/politics/18MEMO.html

Of the 11 cases argued in February, only one is undecided and only Chief 
Justice Rehnquist has not written a majority opinion. The case, United 
States v. American Library Association, raises the First Amendment question 
of whether the government can require public libraries to install 
antipornography filters restricting Internet access.

If Chief Justice Rehnquist is in fact writing the majority opinion, there 
is little doubt that the court will uphold the law, the Children's Internet 
Protection Act. On the other hand, he is one of the court's fastest 
writers, raising the question of why the decision in what is now the term's 
oldest undecided case is taking so long. One possibility is that there are 
many separate opinions, both concurring and dissenting. Perhaps he started 
out writing a majority opinion but lost the majority along the way.




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