Free Speech Coalition, Inc. v. Paxton

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 vacates the preliminary injunction against the age-verification requirement, but affirms the injunction in regard to the health warning obligations in the Texas law.

April 12, 2024. The Free Speech Coalition files petition for writ of certiorari to the Supreme Court and applies for a stay of the judgment.

April 23, 2024. District Judge David A. Ezra stays the proceedings before the Court pending the Supreme Court’s decision on the Plaintiffs’ petition for writ of certiorari. Justice Alito denies the stay on April 30, 2024.

July 2, 2024. The Supreme Court grants petitions of certiorari and agrees to hear the case.