Opinion Summary: Free Speech Coalition, Inc. v. Paxton | Date Decided: 6/27/25 | Case No. 23-1122

Link to Docket: Here.

Background:

This Court has repeatedly held that States may rationally restrict minors' access to sexual materials, but such restrictions must withstand strict scrutiny if they burden adults' access to constitutionally protected speech. See, e.g., Ashcroft v. ACLU, 542 U.S. 656, 663 (2004). In the decision below, the Fifth Circuit applied rational-basis review-rather than strict scrutiny-to vacate a preliminary injunction of a provision of a Texas law that significantly burdens adults' access to protected speech, because the law's stated purpose is to protect minors.

Question Presented:

Whether the court of appeals erred as a matter of law in applying rational-basis review to a law burdening adults' access to protected speech, instead of strict scrutiny as this Court and other circuits have consistently done.

Holding: H. B. 1181 triggers, and survives, review under intermediate scrutiny because it only incidentally burdens the protected speech of adults. H. B. 1181 survives intermediate scrutiny because it advances important governmental interests unrelated to the suppression of free speech and does not burden substantially more speech than necessary to further those interests.

Result: Affirmed.

Voting Breakdown: 6-3. Justice Thomas delivered the opinion of the Court, in which Chief Justice Roberts and Justices Alito, Gorsuch, Kavanaugh and Barrett joined. Justice Kagan filed a dissenting opinion in which Justices Sotomayor and Jackson joined.

Link to Opinion: Here.

Oral Advocates:

• For Petitioners: Derek L. Shaffer, Washington, D.C.
• For United States, as amicus curiae: Brian H. Fletcher, Principal Deputy Solicitor General, Department of Justice, Washington, D.C.
• For Respondent: Aaron L. Nielson, Solicitor General, Austin, Tex.

Website Link to Oral Argument: Here.

Apple Podcast Link to Oral Argument: Here.