Justice Blackmun noted that the State must normally demonstrate a compelling reason for content-based regulation, but that a more limited form of protection should apply in the context of public high schools. See Id . at 877-78. Balancing the two principles above, Justice Blackmun agreed with the plurality that the school board could not remove books based on mere disapproval of their content but could limit its collection for reasons of educational suitability or budgetary constraint. The factors which justified giving high school libraries broad discretion to remove material in Pico do not extend to public libraries. In Loudoun , the court concluded that children, whose minds and values are still developing, have traditionally been afforded less First Amendment protection, particularly within the context of public high schools.
Public libraries serve a broader audience.
Adults who comprise a large portion of that audience are deemed to have acquired the maturity to receive categories of speech which may be inappropriate for children. The court ultimately reasoned that a public library board may choose not to provide Internet access, but once chosen, it must operate within the confines of the First Amendent. Iowa provides an example of a state provision revoking all permits and licenses issued to a person under state or local law as a prerequisite for doing business in the state, as a result of knowingly permitting a violation of the state's obscenity laws. It is an affirmative defense that the defendant has taken, in good faith, reasonable, effective and appropriate actions under the circumstances to restrict or prevent access by minors to materials specified in this subsection. The defendant may alternatively, in good faith, establish a mechanism such that the labeling, segregation or other mechanism enables such material to be automatically blocked or screened by software or other capabilities reasonably available to responsible adults wishing to effect such blocking or screening and the defendant has not otherwise solicited minors not subject to such screening or blocking capabilities to access that material or to circumvent any such screening or blocking.