In a significant legal move, the Woodhull Freedom Foundation and the Electronic Frontier Foundation (EFF) have jointly submitted a brief to the United States Supreme Court, urging the Justices to overturn Texas’s controversial age verification law, H.B. 1181. The brief, filed today, supports the constitutional challenge initiated by the American Civil Liberties Union (ACLU), the Free Speech Coalition, and other advocacy groups.

The contested law, which mandates online age and identity verification to access adult content, has been described as an impermissible burden on free speech. The Fifth Circuit Court of Appeals previously upheld the law, prompting the current appeal to the Supreme Court. Woodhull’s involvement in this case was facilitated by a generous donation from internet hosting provider MojoHost.

Ricci Levy, President & CEO of the Woodhull Freedom Foundation, emphasized the importance of adhering strictly to constitutional principles. “We rely on the Court to ignore misinformation and, instead, rule based only on the law,” Levy stated. “The Supreme Court has repeatedly recognized the significant burden and risk created by requiring users to verify their age and identity to access protected content, rendering such requirements unconstitutional where less restrictive alternatives exist.”

Levy pointed to the precedent set by the Supreme Court in Ashcroft v. ACLU, where the Court affirmed that imposing age verification on adults to protect children from inappropriate material violates the First Amendment. “If the true goal of these measures is to protect children from material that isn’t age-appropriate, which we fully support, other less intrusive options are already available to accomplish this goal – and must be used in order to protect the rights of adults,” Levy added. “But if the real goal is to block adult access and shut down the adult content currently available, and if the Justices allow that to happen, then Democracy as we believe it to be is dead.”

Brad Mitchell, President of MojoHost, expressed his concerns as both a parent and a business owner. “As a parent, business owner, and web host for 25 years, I can’t remain silent while our constitution is violated in the name of child protection when I know for a fact that this bad legislation puts both our children and our rights as Americans in peril,” Mitchell said. He argued that the legislation would not protect children but instead elevate worse content from unregulated jurisdictions. “It was a no-brainer to financially support these great organizations in combating outright speech suppression,” Mitchell concluded.

Lawrence Walters of Walters Law Group, a member of the legal team behind the brief, underscored the case’s potential impact on freedom of speech and data privacy. “The outcome of this case, if accepted, will have a monumental impact on freedom of speech, data privacy, and First Amendment law,” Walters commented. He expressed optimism that the Justices would grant certiorari and invalidate the Texas law, calling it “blatantly unconstitutional.”

Corey Silverstein of Silverstein Legal, also part of the legal team, echoed the sentiment. “I am very proud of being part of the legal team tasked by Woodhull and the EFF to combat this outright trampling of the First Amendment and existing Supreme Court precedent,” Silverstein said. He criticized Texas’s age verification bill as an overreach and expressed confidence that the Supreme Court would rectify the Fifth Circuit’s decision. “Woodhull and the EFF are incredible organizations, and their dedication to protecting free speech is unmatched,” he added.

The brief filed today marks a pivotal moment in the ongoing battle over digital rights and free speech. As the Supreme Court considers whether to hear the case, the outcome could set a critical precedent for the intersection of technology, privacy, and constitutional freedoms in the digital age.

Follow Woodhull Foundation on X at @WoodhullFreedom.