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Martin Luther King, Inc.: the Splc's Trademarked Legacy
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Free Speech Coalition v. Paxton
Whether a Texas law requiring age-verification for websites containing sexual content, and mandating health warnings on such sites, violates the First Amendment.
Texas's HB 1181 compels websites with more than one-third sexual content to verify users' ages and display state-mandated health warnings. The Fifth Circuit applied rational-basis review rather than strict scrutiny, upholding the law — breaking from prior precedent set in Ashcroft v. ACLU.
The standard of review for online content regulations affecting adults has been contested for two decades. This case may settle whether the internet receives full First Amendment protection or a diluted standard when minors' interests are invoked — with sweeping implications for all platforms.
Struck down COPA under strict scrutiny; filtering is a less restrictive alternative to age-gating for protecting minors.
Struck down CDA; established that internet speech receives the highest level of First Amendment protection.
Compelled commercial disclosure survives if purely factual and non-controversial; Texas invokes for the health-warning mandate.
ACQ · Analysis & Consequence Quarterly
Vol. 2 — Coming Q3 2026MORE ARTICLES

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