Supreme Court hears arguments on First Amendment challenge to age verification for porn sites
CNNFeb 06, 2023
Supreme Court Weighs Texas Online Porn Law
story
Above: The US Supreme Court on Jan.10, 2025. Image copyright: Mandel NGAN/Contributor/AFP via Getty Images
The Facts
The US Supreme Court (SCOTUS) on Wednesday heard arguments regarding a Texas law requiring pornographic websites to verify users' age before granting access. The case, Free Speech Coalition v. Paxton, is a challenge to the constitutionality of age verification requirements that have been enacted in 19 states.
The Texas law, HB 1181, mandates that websites containing more than one-third of content deemed "sexual material harmful to minors" must implement age verification systems, with violations resulting in civil penalties up to $10K per day.
The case centers on whether the law should face strict scrutiny — the highest level of judicial review — or a less rigorous rational-basis test. The Biden administration is urging the court to apply strict scrutiny while sending the case back to lower courts.
The Spin
Narrative A
The explosion over the past 20 years of online pornography and access to it through multiple devices has rendered content filtering ineffective. Technological advances may have rendered precedent in this case moot, and age verification requirements may be the most necessary and appropriate way to protect children from harmful content.
Narrative B
While some justices seem ready to ignore the precedent that says a case like this should be decided through strict scrutiny, hopefully precedent will prevail. The right of adults to safeguard their privacy when accessing legal material, according to precedent, should be rigorously upheld, regardless of any lower court's determination.
