U.S. Supreme Court Issues Opinion in FSC v. Paxton: Major Implications for Age Verification, Free Speech and State Regulation

Today, the United States Supreme Court issued its long-awaited opinion in Free Speech Coalition v. Paxton, a landmark case addressing the constitutionality of Texas’ age-verification law targeting adult content online. In a closely watched decision, the Court ruled in favor of Texas.

Background

The case arose from a Texas law requiring all publishers of online adult content to implement stringent age-verification mechanisms to prevent minors from accessing such material. The Free Speech Coalition (FSC), a trade association representing the adult entertainment industry, challenged the law as a violation of free speech rights and a form of compelled disclosure.

Lower courts had been divided on the issue, prompting the Supreme Court to grant certiorari to resolve the constitutional questions at stake.

The Court’s Ruling

In an opinion authored by Justice Clarence Thomas, the Court held that H. B. 1181 triggers, and survives, review under intermediate scrutiny because it only incidentally burdens the protected speech of adults.

What’s Next

Silverstein Legal is actively analyzing the implications of this decision for our clients operating in the digital content and media industries and the future of age verification in the United States.

For more information or to discuss how this ruling may affect your organization, please contact:

Corey D. Silverstein
Managing Attorney, Silverstein Legal

About Silverstein Legal

Founded in 2006 by adult entertainment lawyer Corey D. Silverstein, Silverstein Legal is a boutique law firm that caters to the needs of anyone working in the adult entertainment industry. Silverstein Legal’s clients include hosting companies, affiliate programs, content producers, processors, designers, developers, and website operators.