The high court did not issue an opinion, but merely affirmed last year's ruling by a U.S. District Court that said indecent and annoying online material is protected under the U.S. constitution. The lower court refused to declare the statute unconstitutional, however. Either way, Fein could still end up in hot water. Fein filed his lawsuit challenging the constitutionality of the CDA in January 1997 and appealed to the Supreme Court after the district court in San Francisco issued a mixed ruling.
Violation is punishable by a fine and up to two years imprisonment.
The court left untouched the provision dealing with annoying communications, among other sections.