Advisory Opinions Are Age Verification Laws Constitutional?
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Aug 21, 2025 Dive into the heated discussions around age verification laws and their impact on First Amendment rights, especially for minors. Analyze Justice Kavanaugh’s insights from a significant Supreme Court case while tackling the constitutional challenges of enforcing these laws. Explore the ongoing disputes in the Sixth Circuit and what they could mean for future judicial rulings. The hosts also tackle the clash between free speech and anti-discrimination, highlighting a canceled drag show at a university and its broader legal implications.
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Kavanaugh Flags Harms-Balancing Revival
- Justice Kavanaugh found NetChoice likely to win on the merits but denied interim relief because NetChoice did not show the balance of equities favored them.
- This suggests the Court may demand a fuller harms-balancing showing even when likelihood of success is clear.
Merits No Longer Automatically Wins Relief
- Historically, likelihood of success on the merits often carried the other preliminary-injunction factors in First Amendment cases.
- Requiring explicit proof of irreparable harm and balanced equities would make injunctions harder, especially against state laws.
Harder Interim Injunctions Could Shield State Laws
- Requiring strong harms-balancing could make state laws enforceable while litigation proceeds, reducing nationwide injunctions' practical effects.
- This would prioritize democratic choices at the interim stage and limit court intervention before final adjudication.