Free Speech Coalition, Inc., et al. v. Ken Paxton

Washington, DC constitutional law lawyers represented the Plaintiffs and Appellants on Constituional violation of the First Amendment violation theory.





exas, like many States, prohibits distributing sexually explicit content to children. In 2023, Texas enacted H. B. 1181, requiring certain commercial websites publishing sexually explicit content that is obscene to minors to verify that visitors are 18 or older. Knowing violations subject covered entities to injunctions and civil penalties.



Petitioners-representatives of the pornography industry-sued the Texas attorney general to enjoin enforcement of H. B. 1181 as facially unconstitutional under the First Amendment's Free Speech Clause. They alleged that adults have a right to access the covered speech, and that the statute impermissibly hinders them. The Fifth Circuit held that an injunction was not warranted because petitioners were unlikely to succeed on their First Amendment claim. The court viewed H. B. 1181 as a "regulatio[n] of the distribution to minors of materials obscene for minors." 95 F. 4th 263, 269, 271. It therefore determined that the law is not subject to any heightened scrutiny under the First Amendment.



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Legal issue Is a state law requiring age verification on websites to access content obscene to minors constitutional under the First Amendment?

Headnote



CONSTITUTIONAL LAW. FREE SPEECH AND AGE-VERIFICATION REQUIREMENTS. The case involves a challenge to Texas H. B. 1181, a statute requiring commercial websites with sexually explicit content that is obscene to minors to verify users are 18 or older. The Supreme Court reviewed whether this requirement infringes on adults' First Amendment rights and determined the level of scrutiny applicable to the statute.



CONSTITUTIONAL LAW. FIRST AMENDMENT SCRUTINY. The Supreme Court held that Texas H. B. 1181, an age-verification requirement for accessing content deemed obscene to minors, triggers intermediate scrutiny because it incidentally burdens the protected speech of adults rather than directly targeting it, thus aligning with the state's interest in shielding minors.



CONSTITUTIONAL LAW. FREE SPEECH AND LEGISLATIVE AUTHORITY. The Supreme Court concluded that requiring age verification for accessing content obscene to minors is within states' traditional powers and is subject to intermediate scrutiny as it does not violate adults' First Amendment rights to access speech that is only obscene for minors.



CONSTITUTIONAL LAW. CONTENT-BASED REGULATIONS AND SCRUTINY STANDARDS. The dissent argued that Texas H. B. 1181 should be subject to strict scrutiny because it imposes a content-based burden on adults' rights to view speech that is obscured to minors, stressing the importance of evaluating whether a less restrictive alternative could be as effective in achieving the state's interest.



Key Phrases Sexually explicit content. Age verification requirement. First Amendment. Intermediate scrutiny. Obscene to minors.

Affirmed