Opening Arguments

PORN LAW: When Your Kink Is Strict Scrutiny but the Court Only Goes Intermediate

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Jul 22, 2025
Zeve Sanderson, Executive Director of the NYU Center for Social Media & Politics, shares his insights on the recent Supreme Court case regarding age verification laws for adult websites. The discussion dives into how these laws may infringe on First Amendment rights and their implications for free speech. Zeve presents fascinating research on how age verification impacts browsing habits and explores innovative alternatives to current methods. The conversation also touches on the balance between protecting minors and preserving privacy in the digital landscape.
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INSIGHT

Texas Porn ID Law Restrictions

  • The Texas law requires website users to upload ID to access porn, imposing a significant restriction on First Amendment rights.
  • This mandates ID verification which raises privacy concerns and legal challenges about its restrictiveness under strict scrutiny.
INSIGHT

Intermediate Scrutiny Applied

  • The Supreme Court applied intermediate scrutiny instead of strict scrutiny to age verification laws for adult content.
  • This lowers the standard for reviewing speech restrictions, potentially weakening First Amendment protections.
INSIGHT

Kagan's Dissent on Scrutiny

  • Justice Kagan dissented against intermediate scrutiny, stressing the importance of strict scrutiny to protect adults' access to sexually explicit speech.
  • She warns that easing restrictions threatens foundational First Amendment rights.
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