The CDA was eventually incorporated into the controversial Telecommunications Act of 1996, signed into law by President Clinton on February 8. The American Civil Liberties Union , along with numerous other plaintiffs, filed a lawsuit challenging the CDA just minutes after the law was signed. The ACLU argued that the indecency provisions of the law were unconstitutional because they criminalized expression protected by the First Amendment and violated constitutional rights to privacy. In arguing its case, the ACLU sought to demonstrate that the Internet is most akin to the print medium, and therefore should be afforded the same First Amendment protection. Witnesses for the ACLU showed that Internet users have to seek out information, and that it is highly unlikely that a child could randomly encounter pornographic material.
Many Web pages display the blue ribbon in support of intellectual freedom protections in cyberspace.
The Justice Department argued that the Internet is more like a broadcast medium, subject to government regulation to control content that may seen by minors. The government demonstrated that great amounts of indecent content are easily available to minors on the Internet. They further argued that the need to prevent pornographers or child molesters from accessing children online sufficiently outweighs free speech protections. In a unanimous decision on June 12, a three-judge federal panel ruled the CDA unconstitutional. Internet communication, while unique, is more akin to telephone communication. .