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mahatmakanejeeves

(62,069 posts)
Wed Jan 15, 2025, 04:17 PM Wednesday

Supreme Court Seems Ready to Back Texas Law Limiting Access to Pornography

Source: New York Times

Supreme Court Seems Ready to Back Texas Law Limiting Access to Pornography
The law, meant to shield minors from sexual materials on the internet by requiring adults to prove they are 18, was challenged on First Amendment grounds.

By Adam Liptak
Reporting from Washington
Jan. 15, 2025
Updated 3:51 p.m. ET

Several members of the Supreme Court's conservative majority seemed deeply skeptical of a challenge to a Texas law that seeks to limit minors' access to pornography, peppering a lawyer for the challengers with exceptionally hostile questions. ... The lawyer, Derek L. Shaffer, said the law violated the First Amendment by requiring age verification measures like the submission of government-issued IDs that placed an unconstitutional burden on adults seeking to view sexually explicit materials. He said parents could protect their children by using content-filtering software.

Justice Samuel A. Alito Jr. was incredulous. "Do you know a lot of parents who are more tech savvy than their 15-year-old children?" He added that "there's a huge volume of evidence that filtering doesn't work." ... Justice Amy Coney Barrett, who has seven children, said "kids can get online porn through gaming systems, tablets, phones, computers." ... She added, "Content filtering for all those different devices, I can say from personal experience, is difficult to keep up with."

Much of the argument concerned whether the appeals court had erred in using a relaxed form of judicial scrutiny to block the law. Several justices indicated that a more demanding standard applied even as they suggested that the Texas law satisfied it.

That could set the stage for a ruling giving the challengers a short-term victory by returning the case to an appeals court for application of the stricter standard. But there was little doubt that the law would in the end be upheld. ... Indeed, several justices expressly asked questions about how the Supreme Court could vacate the decision below without blocking the law while the appeals court took a fresh look at its constitutionality under the correct standard.

{snip}

Adam Liptak covers the Supreme Court and writes Sidebar, a column on legal developments. A graduate of Yale Law School, he practiced law for 14 years before joining The Times in 2002. More about Adam Liptak
https://www.nytimes.com/by/adam-liptak

Read more: https://www.nytimes.com/2025/01/15/us/supreme-court-texas-law-porn.html



Hat tip, Joe.My.God.

https://www.joemygod.com/2025/01/scotus-likely-to-uphold-texass-porn-age-check-law/

SCOTUS Likely To Uphold Texas's Porn Age-Check Law
January 15, 2025
16 replies = new reply since forum marked as read
Highlight: NoneDon't highlight anything 5 newestHighlight 5 most recent replies
Supreme Court Seems Ready to Back Texas Law Limiting Access to Pornography (Original Post) mahatmakanejeeves Wednesday OP
Well... RIP 1st amendment. 1789 - 2025. You will be missed. Initech Wednesday #1
Project 2025: Where it will be easier to get a gun for a mass shooting than getting onto a porn site ck4829 Wednesday #2
With corollary: TommyT139 Yesterday #11
Get your VPN before they make them illegal. nt Shipwack Wednesday #3
Good advice JoseBalow Wednesday #6
tobacco and alcohol are restricted, voting age is restricted, driving is restricted, age of consent is msongs Wednesday #4
It's going to open up a Pandora's box. Frank D. Lincoln Wednesday #5
Courts dont make decisions based on fantasy pandoras boxes. Mosby Wednesday #7
What an assinine post. Frank D. Lincoln Wednesday #8
This law is abhorrent invasion of privacy angrychair Wednesday #9
OK Prairie Gates Wednesday #10
How about protecting kids from school shootings? ArizonaLib Yesterday #12
Perhaps.... AltairIV Yesterday #13
Notice the silence from Clarence Thomas? Deminpenn 22 hrs ago #14
No, I did not. He asked several questions. mahatmakanejeeves 21 hrs ago #15
Supreme Court divided on Texas age-verification law for porn sites mahatmakanejeeves 21 hrs ago #16

Initech

(102,838 posts)
1. Well... RIP 1st amendment. 1789 - 2025. You will be missed.
Wed Jan 15, 2025, 04:18 PM
Wednesday

Fuck MAGA. No circle of hell is good enough for this abomination.

ck4829

(36,238 posts)
2. Project 2025: Where it will be easier to get a gun for a mass shooting than getting onto a porn site
Wed Jan 15, 2025, 04:19 PM
Wednesday

TommyT139

(800 posts)
11. With corollary:
Thu Jan 16, 2025, 01:51 AM
Yesterday

You'll be able to buy a gun with cash, no questions asked -- but viewing adult videos will leave a data trail that gets added to the pile of surveillance economy fodder of our personal lives.

msongs

(70,379 posts)
4. tobacco and alcohol are restricted, voting age is restricted, driving is restricted, age of consent is
Wed Jan 15, 2025, 04:53 PM
Wednesday

is restricted.....and porn is absolutely free online for anybody ANY age who takes a few seconds to find it.

Frank D. Lincoln

(736 posts)
5. It's going to open up a Pandora's box.
Wed Jan 15, 2025, 05:47 PM
Wednesday

Project 2025 (which has a goal to outlaw porn):

Step 1: Nationalize age restriction to porn.

Step 2: Outlaw porn.

Step 3A: Criminalize the production of porn (possibly even private sexually explicit pictures taken by lovers--a very common practice).

Step 3B: (Possibly) criminalize the possession of porn.

Step 4: Invade the privacy of adult U.S. citizens to enforce the porn ban (including adults who supplied their government ID to view porn online).

Step 5: Arrest, prosecute, and incarcerate adults in violation of the porn ban.

Step 6: Force the adults mentioned in Step 5 to register as sex offenders.

Step 7: Redefine the word "porn" to mean anything conservatives and/or Christian nationalists want it to mean.

Step 8: Even many R-rated mainstream Hollywood movies, books/literature previously not considered to be pornographic, etc., will be deemed to be "porn" if conservatives and/or Christian nationalists want to ban it.

I think the way things currently are is a lot better than where Republicans are aiming to take us.

Long before the Internet (I mean for decades), under-aged people have found ways to view porn (for example, finding and looking at their daddy's "stash," etc.). When that happens, it's not the end of the world. And, it's definitely a better outcome than the government banning porn and criminalizing people associated with it.

Through many years of legal precedent, the U.S. Supreme Court has ruled that porn is protected by the 1st Amendment. Whereas, this SCOTUS, as we all know, doesn't give a damn about legal precedent or the Constitution when they have a conservative agenda to push (in this case, Christian nationalism).

Mosby

(17,793 posts)
7. Courts dont make decisions based on fantasy pandoras boxes.
Wed Jan 15, 2025, 07:11 PM
Wednesday

And the fact that they can still get past safeguards is irrelevant. People cheat on taxes, should we get rid of them? See how stupid that sounds?

Frank D. Lincoln

(736 posts)
8. What an assinine post.
Wed Jan 15, 2025, 07:32 PM
Wednesday

Reacting to a metaphor as if that's the foundation of my argument.

The point of my post is that outlawing porn is one of the things mentioned in Project 2025. Therefore it can reasonably be assumed that that's one of the things they're going to be implementing and that age verification is setting the stage for it. This is even more likely because of their well-known Christian nationalist agenda. Lastly, your flawed argument assumes that these are normal times. Apparently you haven't noticed that we're about to shift from a democracy to an autocracy. If there's something that they really want to do, then they're not going to be stopped by the courts.

I don't mind a civil discussion and a differing opinion.

What I won't put up with is rudeness.

Therefore I'm placing you on permanent full ignore.

Goodbye.

angrychair

(9,974 posts)
9. This law is abhorrent invasion of privacy
Wed Jan 15, 2025, 08:06 PM
Wednesday

It requires people to produce state issued identification, thereby giving their name, address and physical traits to a porn company. Not to mention the possibility that the state could force the poen company to give up the Identities of everyone trying to access the website.

What imagine they will do is just block all access from Texas like Pornhub does with Florida.

AltairIV

(704 posts)
13. Perhaps....
Thu Jan 16, 2025, 08:08 AM
Yesterday

we should use this as an opportunity and go after white supremacy, nazi followers, racist sites as these are far more dangerous than porn. Their sole purpose is to inspire hate and advocate for the use of violence.

mahatmakanejeeves

(62,069 posts)
15. No, I did not. He asked several questions.
Thu Jan 16, 2025, 11:13 AM
21 hrs ago

Here's the transcript.

FREE SPEECH COALITION, INC., )
ET AL., )
Petitioners, )
v. ) No. 23-1122
KEN PAXTON, ATTORNEY GENERAL )
OF TEXAS, )
Respondent.

https://www.supremecourt.gov/oral_arguments/argument_transcripts/2024/23-1122_4f15.pdf

And good morning.

mahatmakanejeeves

(62,069 posts)
16. Supreme Court divided on Texas age-verification law for porn sites
Thu Jan 16, 2025, 11:17 AM
21 hrs ago
ARGUMENT ANALYSIS
Supreme Court divided on Texas age-verification law for porn sites

By Amy Howe
on Jan 15, 2025 at 3:05 pm

{snip}

A decision in the case is expected by late June or early July.

This article was originally published at Howe on the Court.

Posted in Featured, Merits Cases

Cases: Free Speech Coalition, Inc. v. Paxton

Recommended Citation:
Amy Howe, Supreme Court divided on Texas age-verification law for porn sites, SCOTUSblog (Jan. 15, 2025, 3:05 PM), https://www.scotusblog.com/2025/01/supreme-court-divided-on-texas-age-verification-law-for-porn-sites/
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