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December 01, 2004

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Both Martha's and your points are interesting. One thing that occurs to me is that, in the filtering case, the Court plurality was impressed "by the ease with which patrons may have the filtering software disabled." 539 U.S. at 209. There is no comparable protection for universities in the Third Circuit case; nor could there be, as the filtering case involved censorship while the Third Circuit case involved compelled speech.

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