Monday, June 30, 2025

Free Speech Coalition v. Paxton

Adi Robertson:

Age verification is perhaps the hottest battleground for online speech, and the Supreme Court just settled a pivotal question: does using it to gate adult content violate the First Amendment in the US? For roughly the past 20 years the answer has been “yes” — now, as of Friday, it’s an unambiguous “no.”

Justice Clarence Thomas’ opinion in Free Speech Coalition v. Paxton is relatively straightforward as Supreme Court rulings go.

[…]

Even the best age verification usually requires collecting information that links people (directly or indirectly) to some of their most sensitive web history, creating an almost inherent risk of leaks. The only silver lining is that current systems seem to at least largely make good-faith attempts to avoid intentional snooping, and legislation includes attempts to discourage unnecessary data retention.

Previously:

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