Source: The Federalist Society
Ensuring minors’ safety is an important and worthy objective, but the means of accomplishing this goal must be constitutional. If the Supreme Court allows the Fifth Circuit’s rejection of settled precedent to stand, lawmakers and lower courts will declare open season on previously established law, resulting in a jumble of inconsistent protections for First Amendment rights across the country. By simply following its straightforward internet-speech precedents and requiring that Texas’ age-verification law satisfy strict scrutiny, the Court can avoid this constitutional patchwork and safeguard adult free speech rights as the First Amendment requires.
