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Today's Supreme Court Decision on Age Verification Tramples Free Speech and Undermines Privacy


Today’s decision in Free Speech Coalition v. Paxton is a direct blow to the free speech rights of adults. This ruling allows states to enact onerous age-verification rules that will block adults from accessing lawful speech, curtail their ability to be anonymous, and jeopardize their data security and privacy.

And under that lower standard, the Texas law does not violate the First Amendment.The Court did not have to respond to arguments that there are less speech-restrictive ways of reaching the same goal—for example, encouraging parents to install content-filtering software on their children’s devices. The Court sidestepped its previous online age verification decisions by claiming the internet has changed too much to follow the precedent from Reno that requires these laws to survive strict scrutiny. The majority's argument actually demonstrates that the burdens on adult speech have grown dramatically larger because of technological changes, yet the Court bizarrely interprets this expansion as justification for weaker constitutional protection.

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