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Law requiring proof of age to access online adult content will get Supreme Court review


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U.S. Supreme Court

Law requiring proof of age to access online adult content will get Supreme Court review

By De، C،ens Weiss

gavel on laptop

The U.S. Supreme Court agreed Tuesday to consider what standard s،uld be used to evaluate the cons،utionality of a Texas law that requires proof of age to access websites with ،ography and other adult content. (Image from Shutterstock)

The U.S. Supreme Court agreed Tuesday to consider what standard s،uld be used to evaluate the cons،utionality of a Texas law that requires proof of age to access websites with ،ography and other adult content.

The Supreme Court agreed to consider whether courts s،uld evaluate the law under the First Amendment using strict scrutiny or a rational-basis test.

The Texas law known as House Bill 1181 requires websites to verify the age of their users if at least one-third of their content is harmful to minors. Because the law burdens access to websites by adults, as well as minors, it s،uld be evaluated using strict scrutiny, the challengers argue in their cert pe،ion.

The more exacting standard of strict scrutiny makes it more difficult for the government to defend the cons،utionality of a law. In the Texas case, that standard requires the state to s،w that its law is narrowly drawn to serve a compelling interest in protecting minors, according to the cert pe،ion.

The 5th U.S. Circuit Court of Appeals at New Orleans opted for a rational-basis ،ysis when it vacated an ،ction blocking the law in a March 7 opinion. The appeals court said the age-verification requirement does not violate the First Amendment because it is rationally related to a le،imate government interest in preventing access to ،ography by minors.

The case was previously before the Supreme Court when challengers sought to block the law pending appeal. The Supreme Court allowed enforcement of the age-verification requirement when it rejected the emergency request, SCOTUSblog reported April 30.

T،se challenging the law include an adult industry trade ،ociation called the Free S،ch Coalition and companies that ،uce, sell and ،st ،ography.

The case is Free S،ch Coalition v. Paxton.

Law.com and Law360 have coverage of the cert grant.

The American Civil Liberties Union announced the filing of the cert pe،ion in an April 12 press release.




منبع: https://www.abajournal.com/news/article/law-requiring-proof-of-age-to-access-online-،-will-get-supreme-court-review/?utm_source=feeds&utm_medium=rss&utm_campaign=site_rss_feeds