Tracker Detail
Free Speech Coalition, Inc. v. Paxton
Name | Type | Government | Date Initiated | Status | Last Updated |
|---|---|---|---|---|---|
Free Speech Coalition, Inc. v. Paxton | Litigation | United States | Aug 4, 2023 | Under review by Supreme Court | Sep 23, 2024 |
Summary
On Aug. 4, 2023, a group of pornography platforms and creators called the Free Speech Coalition (FSC) mounted a legal challenge in Texas against HB 1181, a bill that would hold service providers liable for allowing minors under 18 to access pornography. The coalition characterized the bill as blatantly unconstitutional and violating the First Amendment rights of Texans and claimed it did little to prevent minors from accessing pornographic material. (The case was originally, Free Speech Coalition, Inc. v. Colmenero. Attorney General Ken Paxton was substituted as a defendant, and the suit is now officially filed as The Free Speech Coalition, Inc. v. Paxton.)
Updates
August 31, 2023: Judge David A. Ezra issued an order granting a preliminary injunction to stop the enforcement of the Texas law. The opinion argues that despite the state’s legitimate goal in protecting children from sexually explicit material online, it must be done constitutionally, and a party cannot speak freely when they must first verify the age of each audience member.
September 5, 2023. Texas’ former Acting Attorney General Angela Colmenero filed an appeal to the U.S. Court of Appeals for the Fifth Circuit.
March 7, 2024. The Court of Appeals for the Fifth Circuit vacated the preliminary injunction against the age-verification requirement but affirmed the injunction in regard to the health warning obligations in the Texas law.
April 12, 2024. The Free Speech Coalition filed a petition for writ of certiorari to the Supreme Court and applied for a stay of the judgment.
April 23, 2024. District Judge David A. Ezra stayed the proceedings before the Court pending the Supreme Court’s decision on the Plaintiffs’ petition for writ of certiorari. Justice Alito denied the stay on April 30, 2024.
July 2, 2024. The Supreme Court granted petitions of certiorari and agrees to hear the case.
September 16, 2024. Free Speech Coalition filed its petitioners brief.
September 23, 2024. Deadline for filing amicus briefs in support of the petitioners or neither party. At least 13 briefs are individually filed by a group of internet scholars, the Electronic Privacy Information Center (EPIC), and the International Centre for Missing and Exploited Children (ICMEC), among others.
November 15, 2024. State Legislators, American Family Association, Inc., and AFA Action, Inc. submitted an amicus brief in support of respondent. Attorney General Paxton filed his respondent's brief.
November 18, 2024. The US government filed a motion to participate in oral argument, arguing it has a "substantial interest in the First Amendment issues presented in this case." The US previously submitted an amicus brief asking the court to vacate the judgment handed down by the court of appeals.
January 15, 2025. Scheduled oral arguments.
Additional Resources
Free Speech Coalition, Inc. v. Paxton (1:23-cv-00917) - Court Listener
Free Speech Coalition, Inc. v. Paxton - SCOTUSblog
Free Speech Coalition, Inc., et al., Petitioners v. Ken Paxton, Attorney General of Texas - US Supreme Court Docket No. 23-1122
