Joining us:
Will Creeley — Legal director
Bob Corn-Revere — Chief counsel
Ronnie London — General counsel
Timestamps:
01:06 How the case wound up at the Supreme Court
06:42 Bob’s experience with arguing strict scrutiny in the courts
09:17 Ronnie’s perspective on the ruling
10:07 Brick + mortar stores vs. online sites
11:52 Has the Court established a new category of partially protected speech?
13:21 What speech is still subject to strict scrutiny after the ruling?
15:40 What does it mean to address the “work as a whole” in the internet context?
17:09 What modifications to the ruling, if any, would have satisfied FIRE?
17:51 What are the alternatives to address the internet’s risks toward minors?
20:01 For non-lawyer Americans, what is the best normative argument against the ruling?
22:23 Why is this ruling a “canary in the coal mine?”
23:21 How is age verification really about identity verification?
24:27 Why did the Court assume the need to protect children without citing any scientific findings in its ruling?
26:02 Does the ruling allow for more identity-based access barriers to lawful online speech?
27:49 Will Americans have to show ID to get into a public library?
29:15 Why does stare decisis seem to mean little to nothing to the Court?
31:53 Will there be a problem with selective enforcement of content-based restrictions on speech?
33:57 Could the ruling spark a patchwork of state laws that create digital borders?
36:11 Is there any other instance where the Court has used intermediate scrutiny in a First Amendment case?
37:14 Is the Court going to keep sweeping content-based statutes in the “incidental effect on speech” bucket?
37:59 Is sexual speech considered obscene?
40:18 How does the ruling affect adult content on mainstream social media platforms like Reddit and X?
43:12 Where does the ruling leave us on age verification laws?
Read the transcript here: https://www.thefire.org/research-learn/fire-reacts-supreme-courts-decision-free-speech-coalition-v-paxton
Show notes:
Supreme Court ruling: https://www.supremecourt.gov/opinions/24pdf/23-1122_3e04.pdf
FIRE statement on FSC v. Paxton ruling: https://www.thefire.org/news/fire-statement-free-speech-coalition-v-paxton-upholding-age-verification-adult-content
FIRE’s brief for the Fifth Circuit: https://www.thefire.org/news/supreme-court-agrees-review-fifth-circuit-decision-upholding-texas-adult-content-age
FIRE’s amicus brief in support of petitioners and reversal: https://www.thefire.org/research-learn/amicus-brief-support-petitioners-and-reversal-free-speech-coalition-v-paxton
Share this post