(The Center Square) − The U.S. Supreme Court heard arguments Wednesday in Free Speech Coalition v. Paxton, a pivotal case that could reshape online free speech and child protection laws nationwide.
At issue is Texas House Bill 1181, a law requiring adult websites to verify users’ ages before granting access to explicit content
The 5th U.S. Circuit Court of Appeals recently upheld the Texas law using a lower legal standard, called “rational-basis review,” a standard less strict than the more common “strict scrutiny.”
The main issue now is whether this was the correct approach.
If the court opts for rational-basis review it would lower the bar for states to defend restrictions on online content, such as age-verification mandates for adult websites.
The decision could affect similar laws in 18 other states, including Louisiana.
The case pits child protection against free speech, with Texas Solicitor General Aaron Nielson defending the state’s effort to shield minors from explicit material.
“Age verification today is simple, safe, and common,” Nielson argued, emphasizing that modern technology offers non-intrusive solutions like facial scans.
Critics, led by industry attorney Derek Shaffer, argue the law infringes on adults’ First Amendment rights and compromises privacy.
“These laws imperil free speech and data security for millions of adults,” Shaffer warned, adding that requiring digital or government-issued IDs creates risks of misuse.
Chief Justice John Roberts noted the unique challenges posed by the internet. “Fifteen-year-olds couldn’t easily access this material in the past. Now, it’s available at the push of a button,” he observed, signaling sympathy for stronger safeguards.
Justice Amy Coney Barrett echoed these concerns, calling online pornography a pervasive issue. “Content filtering doesn’t work across devices,” she said, highlighting the challenges parents face in protecting children.
Justice Samuel Alito dismissed the industry’s reliance on filtering tools as ineffective, while Justice Sonia Sotomayor raised privacy concerns over retaining user data.
“This law says you can’t retain this information. But what ensures it won’t be sold or misused?” Sotomayor questioned.
The industry warns that such laws push users toward unregulated platforms and VPNs, bypassing restrictions entirely. Research cited in the arguments reveals teens are increasingly encountering explicit material on platforms like X (formerly Twitter), TikTok, and Reddit, despite age limits.
This case follows decades of legal battles over online content. In the 2004 Ashcroft v. ACLU decision, the Court struck down a federal law requiring age verification for explicit material, citing First Amendment violations.
The Court’s ruling, expected by June, will determine whether Texas’ law can stand and could set a precedent for balancing free speech rights with child protection in the digital age.
