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The Latest Breaking News from Free Speech Coalition

Harlan Virtual Supreme Court Round of Ten

Ten teams of high school students presented oral arguments on Free Speech Coalition v. Paxton.

Harlan Virtual Supreme Court Semifinalists

Twenty-two teams of high school students presented oral arguments on Free Speech Coalition v. Paxton.

Legal fight against AI-generated child pornography is complicated – a legal scholar explains why, and how the law could catch up

Legal fight against AI-generated child pornography is complicated – a legal scholar explains why, and how the law could catch up

The city of Lancaster, Pennsylvania, was shaken by revelations in December 2023 that two local teenage boys shared hundreds of nude images of girls in their community over a private chat on the social chat platform Discord. Witnesses said the photos easily could have been mistaken for real ones, but…

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Supreme Court Justice Appears Unfamiliar with Pornhub During Free Speech Hearing: 'Is It Like the Old Playboy Magazine?'

While considering a First Amendment case about access to explicit websites online, Supreme Court Justices Neil Gorsuch and Samuel Alito appeared to be unfamiliar with websites such as PornHub, asking representing attorneys about the kinds of content available on such websites.

Alito: Do you read Pornhub for articles?

The Supreme Court justice wondered if the porn site was like "old Playboy" during oral arguments

Free Speech Unmuted: I Know It When I See It: Free Speech and Obscenity Laws

Jane Bambauer and I discuss the various rules the Court applies in obscenity cases and the forthcoming Free Speech Coalition v. Paxton decision, which deals with "obscene-as-to-minors" material (not to be confused with child pornography). Fun fact: Associate Justice Potter Stewart, who wrote the "I know it when I see…

Interesting Stay Dispute in Seventh Circuit Minors'-Access-to-Porn Case

From Free Speech Coalition, Inc. v. Rokita, decided Friday by Judges Frank Easterbrook and Amy St. Eve: Indiana seeks a stay of the preliminary injunction that a district court entered preventing the enforcement of Ind. Code § 24-4-23, which requires web sites to limit minors' access to certain sexual materials.…

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Judges Block Indiana and Mississippi Age Verification Laws for Porn, Social Media

And the Supreme Court agrees to weigh in.

S. Ct. Will Decide: May States Require Age Verification to Access Porn Sites?

The Court just agreed to hear this case, Free Speech Coalition v. Paxton. You can read the majority and dissenting opinions in the Fifth Circuit here, and the petition, response, and reply here. Here's the issue in a nutshell: 1. Ginsberg v. N.Y.(1968) held (in a majority opinion by Justice…

Brief Challenging Texas Restriction on "Sexual Gesticulations Using Accessories or Prosthetics That Exaggerate … Sexual Characteristics"

I was delighted to sign on to this amicus brief supporting the challenge to Texas's S.B. 12 (Woodlands Pride, Inc. v. Paxton (5th Cir.)), which was filed on behalf of Prof. Dale Carpenter (SMU), Dean Erwin Chemerinsky (Berkeley), the Stanton Foundation First Amendment Clinic at Vanderbilt Law School, and me.…

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