Cite as: 542 U. S. 656 (2004)
Opinion of the Court
percentage of time that blocking and filtering technology is
over- or underinclusive." Ibid. In the absence of a showing as to the relative effectiveness of COPA and the alternatives proposed by respondents, it was not an abuse of
discretion for the District Court to grant the preliminary
injunction. The Government's burden is not merely to show
that a proposed less restrictive alternative has some flaws;
its burden is to show that it is less effective. Reno, 521
U. S., at 874. It is not enough for the Government to show
that COPA has some effect. Nor do respondents bear a burden to introduce, or offer to introduce, evidence that their
proposed alternatives are more effective. The Government
has the burden to show they are less so. The Government
having failed to carry its burden, it was not an abuse of
discretion for the District Court to grant the preliminary
injunction.
One argument to the contrary is worth mentioning-the
argument that filtering software is not an available alternative because Congress may not require it to be used. That
argument carries little weight, because Congress undoubtedly may act to encourage the use of filters. We have held
that Congress can give strong incentives to schools and libraries to use them. United States v. American Library
Assn., Inc., 539 U. S. 194 (2003). It could also take steps
to promote their development by industry, and their use by
parents. It is incorrect, for that reason, to say that filters
are part of the current regulatory status quo. The need for
parental cooperation does not automatically disqualify a proposed less restrictive alternative. Playboy Entertainment
Group, 529 U. S., at 824 ("A court should not assume a plausible, less restrictive alternative would be ineffective; and a
court should not presume parents, given full information,
will fail to act'). In enacting COPA, Congress said its goal
was to prevent the "widespread availability of the Internet"
from providing "opportunities for minors to access materials
through the World Wide Web in a manner that can frustrate
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