Texas Age Verification Law Upheld: U.S. Supreme Court Balances Free Speech and Child Protection in the Digital Age
On June 27, 2025, the U.S. Supreme Court issued its opinion in Free Speech Coalition, Inc. v. Paxton, a groundbreaking decision with significant implications for online content regulation. The Court upheld a Texas statute — House Bill 1181 (HB 1181) — requiring commercial websites that host a substantial amount of sexually explicit material to verify users’ ages before granting access. In doing so, the Court applied intermediate scrutiny and upheld the statute as a constitutionally permissible measure to protect minors from harmful content.
New California Law Adds to Complexity of Content Moderation
States and Congress have been enacting or debating different approaches to online “content moderation” by social media and other internet platforms. California’s “Content Moderation Requirements for Internet Terms of Service” bill (“AB 587”) goes into effect on Jan 1, 2024. In short, AB 587 requires social media companies to disclose their processes to take down or manage content and users on their platforms. AB 587 takes a somewhat different approach to social media content regulation than previously enacted laws in Texas and Florida. (more…)
