I did something different today: I spent several hours listening to a live audio broadcast of the US Supreme Court.

The U.S. Supreme Court engaged in nearly three hours of oral arguments today in Free Speech Coalition et al. v. Paxton, a pivotal case challenging Texas’ controversial age verification law, House Bill (HB) 1181. The case, which could set a transformative precedent for online free speech and content regulation, has drawn national attention due to its implications for the First Amendment and digital privacy.

HB 1181, championed by Texas Attorney General Ken Paxton, mandates that websites containing adult content verify users’ ages through methods such as government-issued IDs or facial recognition technology. Critics argue the law overreaches, potentially infringing on constitutionally protected speech and creating privacy risks. Proponents contend it is a necessary tool to protect minors from exposure to explicit materials.

At the heart of the case is whether the law should be evaluated under the First Amendment’s “strict scrutiny” standard, which requires the government to demonstrate that regulations on speech serve a compelling interest and are narrowly tailored. A district court initially struck down the law as unconstitutional under this standard, but the conservative-leaning Fifth Circuit Court of Appeals later reversed that decision, applying a lower “rational basis” review.

The Supreme Court now faces the task of deciding which standard should apply—a determination with far-reaching consequences. If strict scrutiny is upheld, HB 1181 and similar laws may be deemed unconstitutional. If a rational basis is allowed, states could face fewer hurdles in enacting broad regulations targeting online speech.

The Court’s conservative majority appeared sympathetic to Texas’ arguments, focusing heavily on the societal impact of minors’ access to pornography. Justice Amy Coney Barrett raised concerns about the ineffectiveness of content filtering measures, calling them difficult to enforce and pointing to what she described as a growing “explosion of addiction to online porn.”

Justice Brett Kavanaugh similarly pressed the Free Speech Coalition’s (FSC) attorney, Derek Shaffer, asking whether he disputed the societal harms of minors accessing explicit content.

“Do you dispute the problem Texas is targeting?” Kavanaugh asked.

Shaffer replied that while the adult industry acknowledges the problem, the law imposes burdens on lawful, protected speech for adults.

Liberal justices, including Elena Kagan and Sonia Sotomayor, expressed skepticism about the Fifth Circuit’s application of rational basis review. They questioned whether the lower court’s decision ignored established precedents, such as the landmark Reno v. ACLU (1997), which struck down similar online restrictions as unconstitutional.

“The concern here is that the state is regulating not just pornographic material but speech on sexuality, LGBTQ+ rights, and reproductive health,” Justice Kagan observed, highlighting how broadly the law could be interpreted.

Meanwhile, Justice Neil Gorsuch, often viewed as a libertarian voice on the Court, surprised observers by leaning toward Texas’ arguments. Gorsuch’s apparent indifference to FSC’s free speech claims alarmed digital rights advocates, who had hoped for his support.

The adult industry and digital rights groups argue that HB 1181 represents a dangerous precedent for online speech. Alison Boden, Executive Director of the FSC, warned in a joint statement with the ACLU that the law “violates the First Amendment and threatens the ability of adults to access legal content anonymously.”

The ACLU also criticized the law’s implications for privacy, noting that forcing users to provide personal identification could deter them from accessing constitutionally protected materials. “The government cannot dictate what content we access online without meeting strict scrutiny,” said ACLU attorney Brian Klosterboer.

Supporters of age verification, such as the Age Verification Providers Association (AVPA), see the case as an opportunity to expand their industry.

“This hearing should prompt the adult industry to accept that age verification is inevitable,” said Iain Corby, AVPA’s executive director.

Critics, however, accuse AVPA of exploiting the controversy to create a government-mandated marketplace for its services, disproportionately harming small adult content creators.

The stakes in Free Speech Coalition v. Paxton extend far beyond the adult industry. Opponents argue that HB 1181 could set a precedent for regulating speech on topics such as sexual education, LGBTQ+ issues, and reproductive rights, framing it as a tool for censorship disguised as child protection.

“This isn’t just about porn,” said Vera Eidelman of the ACLU. “This is about how the government can regulate any speech it doesn’t like.”

The Supreme Court is expected to issue its decision this summer. If the Court sides with Texas, it could embolden states to enact more restrictive content laws. If it rules in favor of the FSC, the decision would reinforce long-standing First Amendment protections for online speech.

For now, the law remains in effect, though its provision requiring pornography sites to post “health warnings” has been blocked. Digital rights advocates warn that the outcome of this case could reshape the landscape of internet regulation for years to come.

“This case isn’t just about free speech for the adult industry,” said internet policy expert Corbin Barthold. “It’s about free speech for everyone.”

We’ll find out this summer what the Supreme Court decides. My only regret is that when the FSC suggested using blocking software on mobile devices as an alternative, the justices responded with something along the lines of, “Why should the burden fall on Apple and Google?” I regret that it wasn’t clarified at that moment that this feature is already built into every modern mobile device. It doesn’t require new development—the technology already exists.

Still, the FSC lawyer did an amazing job and has my mad respect. I know I normally give the FSC a hard time, but this guy did an amazing job today.