Reno, the Supreme Court set the precedent for the regulation of the Internet. The Communications Decency Act (CDA) became law on February 8, 1996. That same day, the ACLU and nineteen other plaintiffs filed suit against the Attorney General, challenging the constitutionality of two of the CDA"s provisions. The challenged sections were § 223(a)(1)(b), which prohibits the creation or solicitation, and initiation of indecent or obscene transmissions, knowing that the recipient is under eighteen years of age (ACLU v. Reno, at 2341). Section 223 (d)(1) prohibits the knowing, sending, or displaying of messages in a manner that is available to persons under eighteen years of age, which depicts or describes sexual or excretory activity or organs in a way that is patently offensive in the context of contemporary community standards (ACLU v. Reno, at 2344). Unlike § 223 (a)(1)(b), violation of §223(d)(1), would occur even if the speech was not actually directed at youths, so long as the defendant knew that the communication would be available to minors.

             Violation of the CDA was punishable by criminal fines and up to two years imprisonment (ACLU v. Reno, at 2345). Two affirmative defenses limited the application of these provisions. One of these defenses was "good faith, reasonable, effective, and appropriate actions" to prevent minors to otherwise actionable communications (47 U.S.C.A. § 223 (a)(1)(B)(ii)). The second defense was the "use of specified screening methods such as requiring adult access codes or credit card numbers (47 U.S.C.A. § 223 (a)(1)(B)(ii))." .

             The district court deciding ACLU v. Reno conducted extensive evidentiary hearings to gain the greatest possible understanding of the Internet before deciding whether to uphold or strike down the regulations applying to the unique new medium. The court placed great emphasis on the "findings of fact," and acknowledged the necessity of "examining the underlying technology of the communication to find the proper fit between First Amendment values and competing interests (Jacques, at 1975-76).