EFF Urges Supreme Court to Reject Texas’ Speech-Chilling Age Verification Law

A Texas age verification law will rob people of anonymity online, chill access to speech for privacy- and security-minded internet users, and entirely block some adults from accessing constitutionally protected online content, EFF argued in a brief filed with the Supreme Court last week.

EFF joined the Woodhull Freedom Foundation in filing a friend-of-the-court brief urging the U.S. Supreme Court to grant review of—and ultimately overturn—the Fifth Circuit’s decision upholding the Texas law.

Last year, the state of Texas passed HB 1181 in a misguided attempt to shield minors from certain online content. The law requires all Texas internet users, including adults, to complete invasive “age verification” procedures on every website the state deems to be at least one-third composed of sexual material. Under the law, adult users must upload sensitive personal records—such as a driver’s license or other photo ID—to access any content on these sites, including non-explicit content. After a federal district court put the law on hold, the Fifth Circuit reversed and let the law take effect.

The Fifth Circuit’s decision disregards important constitutional principles. The First Amendment protects our right to access protected online speech without substantial government interference. For adults, this is true even if that speech constitutes sexual or explicit content. The government cannot burden adult internet users and force them to sacrifice their anonymity, privacy, and security simply to access lawful speech.

EFF’s position is hardly unique. Courts have repeatedly and consistently held similar age verification laws to be unconstitutional due to these and other harms. As EFF noted in its brief, the Fifth Circuit’s decision is an anomaly and has created a split among federal circuit courts. 

In coming to its decision, the Fifth Circuit relied largely on a single Supreme Court This article has been indexed from Deeplinks