Teleforum

Free Speech Coalition, Inc. v. Paxton concerned Texas Law H.B. 1181, and what precedent should apply in considering its impact on free speech. Passed in 2023, the law requires commercial entities, including social media platforms, "that knowingly and intentionally publish or distribute material on an Internet website... more than one-third of which is sexual material harmful to minors" to age-gate their content, and to verify the age of their users, ensuring they are 18 years of age or older.Soon after the law passed, plaintiffs sued, claiming the law violated their right to free speech. Drawing on a line of cases including Ashcroft v. ACLU (2004), they argued that since the law impacted constitutionally protected speech, strict scrutiny should be applied and the TX law failed that test. The Fifth Circuit denied that argument, instead applying a rational basis test, drawing from the precedent of Ginsburg v. New York (1968).The Supreme Court granted certiorari to answer the question of whether the court of app