United States v. American Library Association, Inc., 539 U.S. 194, 13 (2003)

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206

UNITED STATES v. AMERICAN LIBRARY ASSN., INC.

Opinion of Rehnquist, C. J.

tation marks omitted). We have "rejected the view that traditional public forum status extends beyond its historic confines." Forbes, supra, at 678. The doctrines surrounding traditional public forums may not be extended to situations where such history is lacking.

Nor does Internet access in a public library satisfy our definition of a "designated public forum." To create such a forum, the government must make an affirmative choice to open up its property for use as a public forum. Cornelius, supra, at 802-803; Perry Ed. Assn. v. Perry Local Educators' Assn., 460 U. S. 37, 45 (1983). "The government does not create a public forum by inaction or by permitting limited discourse, but only by intentionally opening a non-traditional forum for public discourse." Cornelius, supra, at 802. The District Court likened public libraries' Internet terminals to the forum at issue in Rosenberger v. Rector and Visitors of Univ. of Va., 515 U. S. 819 (1995). 201 F. Supp. 2d, at 465. In Rosenberger, we considered the "Student Activity Fund" established by the University of Virginia that subsidized all manner of student publications except those based on religion. We held that the fund had created a limited public forum by giving public money to student groups who wished to publish, and therefore could not discriminate on the basis of viewpoint.

The situation here is very different. A public library does not acquire Internet terminals in order to create a public forum for Web publishers to express themselves, any more than it collects books in order to provide a public forum for the authors of books to speak. It provides Internet access, not to "encourage a diversity of views from private speakers," Rosenberger, supra, at 834, but for the same reasons it offers other library resources: to facilitate research, learning, and recreational pursuits by furnishing materials of requisite and appropriate quality. See Cornelius, supra, at 805 (noting, in upholding limits on participation in the Combined Federal Campaign (CFC), that "[t]he Government did not

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