The US Supreme Court is currently hearing oral arguments in the case of Free Speech Coalition v. Paxton, which challenges the constitutionality of a Texas law mandating age verification for explicit content websites, including popular platforms like Pornhub. The legislation also requires these sites to display warnings about alleged harms of pornography on brain development, despite lacking scientific backing.
The focus of the arguments has been on whether an appeals court applied the correct scrutiny level when evaluating the law's risks, especially after it was initially struck down as unconstitutional. This case reflects a broader discussion about whether previous Supreme Court rulings have become outdated in light of the evolving Internet landscape.
Historically, the Supreme Court has deemed similar age verification laws unconstitutional. However, this new case adds to recent debates surrounding Internet regulation, including potential bans on platforms like TikTok.
In 2023, Texas enacted H.B. 1181, which requires age verification on websites with at least 33% content deemed 'harmful to minors' and mandates health warnings regarding pornography's dangers.
The Free Speech Coalition (FSC), representing the adult entertainment industry, filed a lawsuit arguing that the law violates constitutional rights. A district court initially ruled against the law, citing free speech violations, but an appeals court partially reversed this, allowing age verification while striking down the health warning requirement.
Judge Jerry Smith, in the majority opinion, defended the state's interest in protecting minors from pornography, while Judge Patrick Higginbotham dissented, arguing that the law infringes on protected adult speech and has a chilling effect.
This situation draws parallels to the 2004 case Ashcroft v. ACLU II, where the Court blocked a federal age verification law for 'harmful to minors' content, suggesting that parental filters were a less restrictive alternative.
However, some argue that conditions have changed significantly since then, with widespread smartphone use enabling minors to navigate technology more adeptly than their parents, potentially circumventing parental controls with ease. This ongoing debate could have far-reaching implications for the entire Internet ecosystem.