Short Answer: The Supreme Court has given the Internet a high
level of First Amendment protection. The controlling case is Reno v.
ACLU, 512 U.S. 844 (1997), which held the Communications Decency Act
(the "CDA") œ Congress' first attempt to regulate the Internet
œ unconstitutional. Since then, Congress passed the Child On-Line Protection
Act. This Act now confronts its own challenge; the Supreme Court granted
a writ of certiorari in ACLU v. Ashcroft No. 00-1293, and will, presumably,
rule on its constitutionality.
Short Answer: Many states, including New York, have passed laws
that make it a crime to display content online that is harmful to minors.
The ACLU has successfully challenged this effort in New York State.
Currently there are bills before the legislature regarding library Internet
use content restrictions that, if passed, will test the extent to which
New York State can regulate Internet use.