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It defines "dangerous material" as "articles, recordings, or other communications" that might be dangerous to infants. But whereas the CDA didn't define the precise parties responsible for violating the law, COPA does. Any person that "knowingly and with abilities" makes a industrial communication might be liable under the statute. A number of civil liberties groups filed a lawsuit towards 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 decision was upheld, the appeals court found that the statute was too broad. As a result, the govt was given the opportunity to file oral arguments before the Third Circuit Court of Appeals in November 1999. During the hearing, the government was asked to exhibit 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 not going that COPA might be able to pass the first Amendment muster.

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