03/02/2020 Reno v. American Civil Liberties Union, 117 S.Ct. 2329, 138 L.Ed.2d 874 (1997) 24 See Exon Amendment No. 1268, 141 Cong. Rec. S8120 (June 9, 1995). See also id., at S8087. This amendment, as revised, became§502 of the Communications Act of 1996, 110 Stat. 133, 47 U. S. C. A. §§223(a)-%(e) (Supp. 1997). Some Members of the House of Representatives opposed the Exon Amendment because they thought it "possible for our parents now to child proof the family computer with these products available in the private sector." They also thought the Senate's approach would "involve the Federal Government spending vast sums of money trying to define elusive terms that are going to lead to a flood of legal challenges while our kids are unprotected." These Members offered an amendment intended as a substitute for the Exon Amendment, but instead enacted as an additional section of the Act entitled "Online Family Empowerment." See 110 Stat. 137, 47 U. S. C. A. §230 (Supp. 1997); 141 Cong. Rec. H8468-H8472. No hearings were held on the provisions that became law. See S. Rep. No. 104-23 (1995), p. 9. After the Senate adopted the Exon amendment, however, its Judiciary Committee did conduct a one day hearing on "Cyberporn and Children." In his opening statement at that hearing, Senator Leahy observed: "It really struck me in your opening statement when you mentioned, Mr. Chairman, that it is the first ever hearing, and you are absolutely right. And yet we had a major debate on the floor, passed legislation overwhelmingly on a subject involving the Internet, legislation that could dramatically change--some would say even wreak havoc--on the Internet. The Senate went in willy nilly, passed legislation, and never once had a hearing, never once had a discussion other than an hour or so on the floor." Cyberporn and Children: The Scope of the Problem, The State of the Technology, and the Need for Congressional Action, Hearing on S. 892 before the Senate Committee on the Judiciary, 104th Cong., 1st Sess., 7-8 (1995). 25 Although the Government and the dissent break §223(d)(1) into two separate "patently offensive" and "display" provisions, we follow the convention of both parties below, as well the District Court's order and opinion, in describing §223(d)(1) as one provision. 26 In full, § 223(e)(5) provides: "(5) It is a defense to a prosecution under subsection (a)(1)(B) or (d) of this section, or under subsection (a)(2) of this section with respect to the use of a facility for an activity under subsection (a)(1)(B) of this section that a person-"(A) has taken, in good faith, reasonable, effective, and appropriate actions under the circumstances to restrict or prevent access by minors to a communication specified in such subsections, which may involve any appropriate measures to restrict minors from such communications, including any method which is feasible under available technology; or https://www.law.cornell.edu/supct/html/96-511.ZO.html 23/29