5-4 Free Speech Coalition, Inc. v. Paxton
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Jul 29, 2025 Dive into the legal labyrinth of Texas's age verification law for adult content, where the First Amendment meets regulatory whims. Explore Justice Kagan's critique of outdated precedents in an evolving society and the culture wars surrounding pornography. The podcast discusses how recent laws reflect anti-LGBTQ sentiments, impacting free speech and individual rights. With humor, it also takes on the complexities of legal figures like Clarence Thomas and teases future topics, like the National Guard's role in L.A.
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Age Verification Burdens Adults
- Texas law requires age verification to restrict minor access to online porn but burdens adults' First Amendment rights.
- This creates serious privacy and free speech concerns as adults must share personal IDs to access legal content.
Legal Scrutiny Debate
- The core legal debate is if the law should get strict or intermediate scrutiny, deciding its constitutionality.
- The majority sees age verification burden as incidental, while dissent sees it as a direct burden on free speech.
Thomas's Incidental Burden Claim
- Clarence Thomas's majority opinion claims adults have no constitutional right to avoid age verification, deeming burden incidental.
- The dissent calls this reasoning incoherent, as the law's purpose is exactly to impose this burden.
