PORN LAW: When Your Kink Is Strict Scrutiny but the Court Only Goes Intermediate

OA1175 - How much of a restriction on your First Amendment rights is it to have to upload an ID to access an adult website? That is the question at the heart of Free Speech Coalition v. Paxton, the Supreme Court’s recent review of age verification laws such as Texas’s HB 1181. Matt explains how this newly precedential application of intermediate scrutiny to these kinds of restrictions on adult content could have real implications for the future of other kinds of unpopular speech. Then for more context we welcome Zeve Sanderson, the Executive Director of the NYU Center for Social Media & Politics. Zeve and a team of other researchers have recently published the leading findings on the actual effects of age verification on browsing habits, which he takes us through while also explaining some possibly less-restrictive alternatives to current verification methods. U.S. Supreme Court’s decision in Free Speech Coalition v. Paxton (6/27/2025) Audio of Free Speech Coalition v. Paxton SCOTUS oral arguments (1/15/2025) Do Age Verification Bills Change Search Behavior? A Pre-Registered Registered Synthetic Control Multiverse, David Lang Benjamin Listyg† Brennah V. Ross‡ Anna V. Musquera Zeve Sanderson (March 2024) Zeve Sanderson’s website