FIRE staff responds to the Court's decision in Free Speech Coalition v. Paxton that addresses a Texas law requiring age verification for accessing certain sexual material online.
Joining us:
Will Creeley — Legal director
Bob Corn-Revere — Chief counsel
Ronnie London — General counsel
Timestamps:
01:21 How the case wound up at the Supreme Court
06:57 Bob’s experience with arguing strict scrutiny in the courts
09:32 Ronnie’s perspective on the ruling
10:22 Brick + mortar stores vs. online sites
12:07 Has the Court established a new category of partially protected speech?
13:36 What speech is still subject to strict scrutiny after the ruling?
15:55 What does it mean to address the “work as a whole” in the internet context?
17:24 What modifications to the ruling, if any, would have satisfied FIRE?
18:06 What are the alternatives to address the internet’s risks toward minors?
20:16 For non-lawyer Americans, what is the best normative argument against the ruling?
22:38 Why is this ruling a “canary in the coal mine?”
23:36 How is age verification really about identity verification?
24:42 Why did the Court assume the need to protect children without citing any scientific findings in its ruling?
26:17 Does the ruling allow for more identity-based access barriers to lawful online speech?
28:04 Will Americans have to show ID to get into a public library?
29:30 Why does stare decisis seem to mean little to nothing to the Court?
32:08 Will there be a problem with selective enforcement of content-based restrictions on speech?
34:12 Could the ruling spark a patchwork of state laws that create digital borders?
36:26 Is there any other instance where the Court has used intermediate scrutiny in a First Amendment case?
37:29 Is the Court going to keep sweeping content-based statutes in the “incidental effect on speech” bucket?
38:14 Is sexual speech considered obscene?
40:33 How does the ruling affect adult content on mainstream social media platforms like Reddit and X?
43:27 Where does the ruling leave us on age verification laws?
Show notes:
- Supreme Court ruling: https://www.supremecourt.gov/opinions/24pdf/23-1122_3e04.pdf
- FIRE statement on FSC v. Paxton ruling: https://www.thefire.org/news/fire-statement-free-speech-coalition-v-paxton-upholding-age-verification-adult-content
- FIRE’s brief for the Fifth Circuit: https://www.thefire.org/news/supreme-court-agrees-review-fifth-circuit-decision-upholding-texas-adult-content-age
- FIRE’s amicus brief in support of petitioners and reversal: https://www.thefire.org/research-learn/amicus-brief-support-petitioners-and-reversal-free-speech-coalition-v-paxton
