Age Gates & Free Speech: The Texas Porn Law Debate w/Adam Candeub and Robert Corn-Revere

There is growing concern among parents and policymakers over the Internet’s harms to children—from online pornography to social media. Despite that, Congress hasn’t passed any legislation on children’s online safety in decades. And while psychologists continue to debate whether and to what extent certain Internet content harms children, several states have stepped into the fray, passing legislation aimed at protecting kids in the digital age. One such state is Texas where Governor Greg Abbott signed HB 1181 in June of 2023.

The bill requires adult or online pornography websites to verify the age of users to prevent users under the age of 18 from accessing those sites. A group representing online porn sites sued, and the bill was enjoined by a district court, then partially upheld by the Fifth Circuit, and will now be heard by the Supreme Court in Free Speech Coalition v. Paxton, with oral arguments scheduled for January 15.

The ruling in this case could have major implications for efforts to regulate the online world both at the state and federal level—not just for porn but other online content social media. On today’s show, Evan moderates a debate on the following resolution: Texas's Age Verification (AV) Law is Constitutional and AV laws are an effective means of protecting children from online harms.

Arguing for the resolution is Adam Candeub, senior fellow at Center for Renewing America, professor of law at michigan state university, and formerly acting assistant secretary of commerce for telecommunications and information under President Trump. Arguing against the resolution is Robert Corn-Revere, chief counsel at the Foundation for Individual Rights and Expression (FIRE). Before that he was a partner at Davis Wright Tremaine law firm for 20 years and served in government as chief counsel to former Federal Communications Commission Chairman James Quello. You can read FIRE’s brief in the case here.