The Supreme Court debated a Texas law requiring age verification for accessing pornography websites, with justices divided over the standard of scrutiny needed to assess its constitutionality. The case, Paxton v. Free Speech Coalition, hinges on whether the 2023 law violates the First Amendment rights of adults while attempting to shield minors from explicit material.
The American Civil Liberties Union (ACLU) and the Free Speech Coalition argue that the law imposes undue burdens on adults accessing legal content. Lawyer Quinn Emanuel contended that safeguarding free speech requires heightened judicial review. “Efforts to childproof the internet not only hurt everyone’s ability to access information but often give the government far too much leeway to go after speech it doesn’t like,” said Vera Eidelman of the ACLU.
Texas Solicitor General Aaron Nielson defended the law, asserting the state’s responsibility to protect children from exposure to harmful material. Texas, in legal filings, emphasized the widespread availability of extreme and violent pornography to minors through digital devices.
Conservative justices voiced concerns over the effectiveness of content-filtering measures in curbing minors’ access to pornography. Justice Amy Coney Barrett noted the challenges of managing content across devices like gaming systems, tablets, and phones. Justice Brett Kavanaugh pressed the Free Speech Coalition’s counsel on the societal harms of unrestricted pornography access for children.
On the other side, liberal justices questioned the burdens imposed on adults by the law. Justice Ketanji Brown Jackson highlighted potential overreach, asking how far states could go in requiring adults to prove their age. Justice Elena Kagan cautioned against loosening the application of strict scrutiny, warning it could erode protections for other First Amendment cases.
The case also spotlights broader issues related to children’s online safety. Both sides acknowledged the need for solutions, but the justices grappled with balancing the protection of minors and preserving adults’ constitutional rights.
