Free Speech Coalition, Inc. v. Paxton
United States Court of Appeals for the Fifth Circuit
95 F.4th 263 (2024)

- Written by Sean Carroll, JD
Facts
The State of Texas (defendant) passed a law requiring pornography websites to verify the age of viewers and to display health warnings about potential effects of viewing pornography. The law permitted age verification by government ID, digital verification, or any other commercially reasonable method. Free Speech Coalition (the coalition) (plaintiff) sued Texas, alleging that the requirements violated the First Amendment rights of the subject websites. The state presented evidence that viewing of pornography by minors increased the likelihood of viewing deviant pornography later in life, led to body-image and depression issues, could lead to internet-pornography addiction, and could have a negative impact on grades. The district court found that neither state requirement passed strict scrutiny and granted the coalition a preliminary injunction. Texas appealed.
Rule of Law
Issue
Holding and Reasoning (Smith, J.)
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