FSC Asks Supreme Court to Overturn 5th Circuit Decision, Strike Texas' Age Verification Law

FSC Asks Supreme Court to Overturn 5th Circuit Decision, Strike Texas' Age Verification Law

WASHINGTON — Free Speech Coalition (FSC) filed a petition for certiorari on Friday asking the U.S. Supreme Court to overturn the Fifth Circuit panel decision that partially upheld Texas’ controversial age verification law.

FSC released the following statement about the petition:

Represented by the American Civil Liberties Union and the law firm Quinn Emanuel Urquhart & Sullivan, the Free Speech Coalition and others today asked the U.S. Supreme Court to overturn a lower court ruling that, if left standing, would improperly burden free speech online. The petition for certiorari was filed in Free Speech Coalition v. Paxton, which challenges an unconstitutional age-verification provision in Texas’s H.B. 1181.

“Though it purportedly seeks to limit minors’ access to online sexual content, the law in fact imposes significant burdens on adults’ access to constitutionally-protected expression, requiring them to provide personal identifying information online to access sensitive, intimate content” said Vera Eidelman, staff attorney with the ACLU Speech, Privacy and Technology Project. “This isn’t the first time that concerns about minors’ access have led legislators to pass unconstitutional laws. We’ve gone through this time and again, with everything from drive-in movies to video games to websites, and courts have repeatedly struck down laws imposing requirements that burden adults’ access to non-obscene sexual content in the name of protecting children.”

HB 1181 requires certain sites with sexual content to force their visitors to provide digital IDs or other proof of age before they can access the published material. Sites that do not comply could face up to $3 million in fines. This provision claims to protect minors from accessing sexual content deemed harmful to them, but it does not merely restrict minors’ access. It also restricts adults’ access to this content, effectively requiring them to identify themselves online. Requiring individuals to verify their ages before accessing this protected speech robs people of anonymity, and threatens to bar individuals—for example, those who lack government identification or whose age is mis-identified by the relevant technology—from accessing certain websites altogether. The ACLU and its partners argue that the law places an impermissible burden on the exercise of adults’ First Amendment rights online.

“Despite proponent’s claims, age-verification online is simply not the same as flashing an ID at a check-out counter. The process is invasive and burdensome, with significant privacy risks for adult consumers,” said Alison Boden, executive director of the Free Speech Coalition. “In states where these laws have passed, the vast majority of users have refused to comply, leading to a massive chilling effect on their legal right to access constitutionally protected speech. Adult sites are the canary in the coal mine of free speech, and we look forward to defending the rights of all Americans to access the internet free from surveillance.”

Before the case reached the Supreme Court, a district court briefly blocked the law from being enforced, stating that, as written, the law’s age-verification provision would unconstitutionally chill the speech of adults. However, a divided Fifth Circuit panel recently vacated that injunction, reasoning that the age-verification provisions’ burden on adults’ First Amendment rights merely has to have some rational basis–not face strict scrutiny–because the aim is to protect children.  Unless the Supreme Court intervenes, this decision will effectively reverse decades of precedent protecting the free speech rights of adults.

In prior cases brought by the ACLU, the Supreme Court has repeatedly recognized the crucial role anonymity can play online and held that requiring users to verify their age to access protected content is unconstitutional where there are less restrictive alternatives available, like filtering software. In Reno v. ACLU, the Supreme Court unanimously ruled that anti-indecency provisions of the 1996 Communications Decency Act, also meant to protect children, violated the First Amendment's guarantee of freedom of speech in part because of the burden it imposed on adults. In Ashcroft v. ACLU, the Court held that a law almost identical to the Texas law had to satisfy strict scrutiny because it restricted adults’ access to protected sexual speech.  Where a less-restrictive alternative exists—for example, the installation of filtering software on minors’ devices, which states can encourage or legislate—the government cannot impose age verification on adults in the name of protecting children.

Free Speech Coalition v. Paxton is one of several cases in which the ACLU has urged courts to reject age-verification schemes that would burden the free speech rights of Internet users as part of the organization’s long tradition of defending online free expression. This petition was filed jointly by the ACLU and the law firm Quinn Emanuel Urquhart & Sullivan on behalf of Free Speech Coalition, Inc., et al. 

To read the filing, click here.

Copyright © 2026 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

DarkFans Rolls Out 'Configure Limits' Solution

DarkFans has debuted its Configure Limits monetization solution for creators.

Clips4Sale, Free Speech Coalition Partner for 'Creator Workflow' Webinar

Clips4Sale (C4S) and Free Speech Coalition (FSC) have partnered for a webinar titled “Organization & Workflow: Simple Systems for Busy Creators.”

Pineapple Support, Streamate Partner for 'Self-Parenting' Support Group

Pineapple Support and Streamate are hosting a free online support group focused on self-care for performers, titled "Self-Parenting: Becoming Your Own Safe Space."

Nerds of Porn to Relaunch Site Through MyMember.site

Nerds of Porn is relaunching its membership site through MyMember.site on Aug. 14.

SCREEN Act Back in Play: Federal AV Bill Faces Senate Hearing

The U.S. Senate Committee on Commerce, Science, and Transportation has slated a markup session this week for the SCREEN Act, which would mandate site-based age verification of users accessing adult content online on a national level.

Clips.com Launches Lifetime Creator Referral Program

Recently launched creator platform Clips.com has introduced its new lifetime creator referral program.

BranditScan Rolls Out 'Leak Detection' Update

BranditScan has updated its Leak Detection feature for OnlyFans creators.

Arcom Targets 31 Adult Sites Over Age Verification

French media regulator Arcom on Wednesday announced that it is taking action against 31 adult websites that the agency says have failed to implement age verification as required under France’s Security and Regulation of the Digital Space (SREN) law.

AEBN Publishes Popular Searches for May, June

AEBN has published the top search terms for May and June from its straight and gay theaters in all 50 states and the District of Columbia.

Show More