Ep. 245: The Supreme Court's decision in Free Speech Coalition v. Paxton

FIRE staff responds to the Court's decision in Free Speech
Coalition v. Paxton that addresses a Texas law requiring age
verification for accessing certain sexual material online.
Joining us:

Will Creeley — Legal director


Bob Corn-Revere — Chief counsel


Ronnie London — General counsel
Timestamps:

01:21 How the case wound up at the Supreme Court


06:57 Bob’s experience with arguing strict scrutiny in the courts


09:32 Ronnie’s perspective on the ruling


10:22 Brick + mortar stores vs. online sites


12:07 Has the Court established a new category of partially
protected speech?


13:36 What speech is still subject to strict scrutiny after the
ruling?


15:55 What does it mean to address the “work as a whole” in the
internet context?


17:24 What modifications to the ruling, if any, would have
satisfied FIRE?


18:06 What are the alternatives to address the internet’s risks
toward minors?


20:16 For non-lawyer Americans, what is the best normative
argument against the ruling?


22:38 Why is this ruling a “canary in the coal mine?”


23:36 How is age verification really about identity verification?


24:42 Why did the Court assume the need to protect children
without citing any scientific findings in its ruling?


26:17 Does the ruling allow for more identity-based access
barriers to lawful online speech?


28:04 Will Americans have to show ID to get into a public
library?


29:30 Why does stare decisis seem to mean little to nothing to
the Court?


32:08 Will there be a problem with selective enforcement of
content-based restrictions on speech?


34:12 Could the ruling spark a patchwork of state laws that
create digital borders?


36:26 Is there any other instance where the Court has used
intermediate scrutiny in a First Amendment case?


37:29 Is the Court going to keep sweeping content-based statutes
in the “incidental effect on speech” bucket?


38:14 Is sexual speech considered obscene?


40:33 How does the ruling affect adult content on mainstream
social media platforms like Reddit and X?


43:27 Where does the ruling leave us on age verification laws?


Read the transcript here:
https://www.thefire.org/research-learn/fire-reacts-supreme-courts-decision-free-speech-coalition-v-paxton
Show notes:

- Supreme Court
ruling: https://www.supremecourt.gov/opinions/24pdf/23-1122_3e04.pdf


- FIRE statement on FSC v. Paxton
ruling: https://www.thefire.org/news/fire-statement-free-speech-coalition-v-paxton-upholding-age-verification-adult-content


- FIRE’s brief for the Fifth
Circuit: https://www.thefire.org/news/supreme-court-agrees-review-fifth-circuit-decision-upholding-texas-adult-content-age


- FIRE’s amicus brief in support of petitioners and
reversal: https://www.thefire.org/research-learn/amicus-brief-support-petitioners-and-reversal-free-speech-coalition-v-paxton