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It defines "harmful material" as "articles, recordings, or other communications" which can be dangerous to babies. But while the CDA did not define the specific parties responsible for violating the law, COPA does. Any person who "knowingly and with potential" makes a advertisement communique may be liable under the statute. A variety of civil liberties groups filed a lawsuit against COPA, arguing that it violated their First Amendment rights. An injunction was issued by a federal district court in Philadelphia. That injunction was upheld by the Third Circuit Court of Appeals in June 2000. Although the lower court determination was upheld, the appeals court found that the statute was too broad. As a result, the executive was given the chance to file oral arguments before the Third Circuit Court of Appeals in November 1999. During the listening to, the government was asked to show that the statute was constitutional. Although the lower court found COPA to be unconstitutional, the govt will likely continue to defend the statute in the courts. However, it is unlikely that COPA will be capable of pass the first Amendment muster.
26.01.2023