Free Speech Coalition, Inc. v. Paxton
Legal Issues
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The Conclusion
**The Supreme Court reversed the Fifth Circuit 6-3, holding that states may require age verification for adult content and apply intermediate scrutiny rather than strict scrutiny to such restrictions.** Justice Thomas wrote that Texas's law satisfies this less demanding test. Justice Kagan dissented on the First Amendment analysis.
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Case Analysis
Overview
Texas passed a law requiring pornography websites to verify users' ages before granting access and to display state-mandated health warnings, and adult content platforms challenged it as a First Amendment violation. The Fifth Circuit struck it down under strict scrutiny, but the Supreme Court reversed 6-3 in June 2025, with Justice Thomas writing that states have the authority to require age verification for sexually explicit content and that intermediate scrutiny, not strict scrutiny, is the right constitutional test. The Texas law satisfies it. Justice Kagan dissented, arguing the majority had gotten the First Amendment analysis backwards. Every other state that wants to pass a similar law now has a road map.
Summary
Texas passed a law requiring pornography websites to verify users' ages before granting access and to display state-mandated health warnings, and adult content platforms challenged it as a First Amendment violation. The Fifth Circuit struck it down under strict scrutiny, but the Supreme Court reversed 6-3 in June 2025, with Justice Thomas writing that states have the authority to require age verification for sexually explicit content and that intermediate scrutiny, not strict scrutiny, is the right constitutional test. The Texas law satisfies it. Justice Kagan dissented, arguing the majority had gotten the First Amendment analysis backwards. Every other state that wants to pass a similar law now has a road map.
Conclusion
**The Supreme Court reversed the Fifth Circuit 6-3, holding that states may require age verification for adult content and apply intermediate scrutiny rather than strict scrutiny to such restrictions.** Justice Thomas wrote that Texas's law satisfies this less demanding test. Justice Kagan dissented on the First Amendment analysis.
Conclusion
**The Supreme Court reversed the Fifth Circuit 6-3, holding that states may require age verification for adult content and apply intermediate scrutiny rather than strict scrutiny to such restrictions.** Justice Thomas wrote that Texas's law satisfies this less demanding test. Justice Kagan dissented on the First Amendment analysis.
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