First, the District Court was incorrect in holding that “since neither term is defined, the difference in scienter standards creates uncertainty in COPA’s application and renders the terms vague.” The Supreme Court has held “that the language of the statutes that Congress enacts provides ‘the most reliable evidence of its intent.’”
Second, this court can review the District Court’s findings of fact because courts must engage in an independent review of the record when, as here, errors of law have infected factual findings.
Finally, the ACLU’s argument in this case is inconsistent with its argument to the Supreme Court in United States v. American Library Association regarding computer filtration software.