Question Presented (AI Summary)
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
Question Presented (from Petition)
QUESTION PRESENTED 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. The question presented is: 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.
Docket Entries
2025-06-27
Adjudged to be AFFIRMED. Thomas, J., delivered the <a href = 'https://www.supremecourt.gov/opinions/24pdf/23-1122_3e04.pdf'>opinion</a> of the Court, in which Roberts, C. J., Alito, Gorsuch, Kavanaugh, and Barrett, JJ., joined. Kagan, J., filed a dissenting opinion, in which Sotomayor and Jackson, JJ., joined.
2025-01-16
Record received electronically from the United States Court of Appeals for the Fifth Circuit and available with the Clerk.
2025-01-15
Argued. 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.
2025-01-14
Letter of petitioners Free Speech Coalition, et al. filed. (Distributed)
2025-01-14
Letter of respondent Ken Paxton, Attorney General of Texas filed. (Distributed)
2025-01-14
Supplemental Brief of Free Speech Coalition, et al. submitted.
2025-01-14
Supplemental Brief of Ken Paxton, Attorney General of Texas submitted.
2024-12-23
Reply of petitioners Free Speech Coalition, et al. filed. (Distributed)
2024-12-23
Reply of Free Speech Coalition, et al. submitted.
2024-12-09
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument GRANTED.
2024-12-06
Application (24A542) granted by Justice Alito extending the time to file petitioners' reply brief on the merits until December 23, 2024.
2024-11-27
Application of petitioners (24A542) to extend the time to file a reply brief on the merits from December 16, 2024 to December 23, 2024, submitted to Justice Alito.
2024-11-22
Brief amici curiae of The Matthew XVIII Group, et al. filed.
2024-11-22
Brief amici curiae of Clare Morell and Bradford Littlejohn filed.
2024-11-22
Brief amicus curiae of Age Verification Providers Association filed.
2024-11-22
Brief amici curiae of American Foundation for Addiction Research, et al. filed.
2024-11-22
Brief amicus curiae of Citizens Defending Freedom filed.
2024-11-22
Brief amici curiae of Council on Pornography Reform, et al. filed.
2024-11-22
Brief amicus curiae of Justice Defense Fund filed.
2024-11-22
Brief amici curiae of Major Religious Organizations filed.
2024-11-22
Brief amici curiae of Exodus Cry, et al. filed.
2024-11-22
Brief amici curiae of The Manhattan Institute for Policy Research, et al. filed.
2024-11-22
Brief amici curiae of Ohio, et al. filed.
2024-11-22
Brief amicus curiae of The Reward Foundation filed.
2024-11-22
Brief amicus curiae of Yoti Ltd. filed.
2024-11-22
Brief amici curiae of Minnesota Family Council, et al. filed.
2024-11-22
Brief amici curiae of Scholars filed.
2024-11-22
Brief amici curiae of U.S. Senator Mike Lee, et al. filed.
2024-11-22
Brief amici curiae of Jaco Booyens Ministries, et al. filed.
2024-11-22
Brief amicus curiae of The Women's Liberation Front filed.
2024-11-22
Brief amicus curiae of Louisiana State Representative, The Honorable Laurie Schlegel filed.
2024-11-22
Brief amici curiae of Ethics and Religious Liberty Commission, et al. filed.
2024-11-22
Brief amici curiae of Members of the Texas Senate filed.
2024-11-22
Brief amici curiae of Social Science Scholars filed.
2024-11-22
Brief amici curiae of Scholars on the Neurological Effects of Pornography on Adolescents filed.
2024-11-22
Brief amicus curiae of American Principles Project filed.
2024-11-22
Brief amicus curiae of Nurse Heidi Olson filed.
2024-11-22
Brief amicus curiae of Them Before Us filed.
2024-11-21
Brief amicus curiae of Alliance Defending Freedom filed.
2024-11-18
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument filed.
2024-11-15
Brief amici curiae of State Legislators, et al. filed.
2024-11-15
Brief of respondent Ken Paxton, Attorney General of Texas filed.
2024-11-13
Record requested from the United States Court of Appeals for the Fifth Circuit.
2024-10-31
SET FOR ARGUMENT on Wednesday, January 15, 2025.
2024-09-23
Brief amicus curiae of United States supporting vacatur filed.
2024-09-23
Brief amicus curiae of Atsign, Inc. filed.
2024-09-23
Brief amicus curiae of International Centre for Missing and Exploited Children filed.
2024-09-23
Brief amicus curiae of Institute for Justice filed.
2024-09-23
Brief amici curiae of Electronic Frontier Foundation, et al. filed.
2024-09-23
Brief amicus curiae of Cato Institute filed.
2024-09-23
Brief amici curiae of National Coalition Against Censorship, et al. filed.
2024-09-23
Brief amici curiae of First Amendment Scholars filed.
2024-09-23
Brief amicus curiae of Electronic Privacy Information Center in support of neither party filed.
2024-09-23
Brief amici curiae of Prof. Zachary Cantanzaro, et al. filed.
2024-09-23
Brief amici curiae of Foundation for Individual Rights and Expression, et al. filed.
2024-09-23
Brief amici curiae of American Booksellers for Free Expression, et al. filed.
2024-09-20
Brief amici curiae of The Center for Democracy & Technology, et al. filed.
2024-09-16
Joint appendix filed. (Statement of costs filed)
2024-09-16
Joint Appendix submitted.
2024-09-16
Brief of petitioners Free Speech Coalition, et al. filed.
2024-07-31
Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioners' brief on the merits is extended to and including September 16, 2024. The time to file respondent's brief on the merits is extended to and including November 15, 2024.
2024-07-25
Motion for an extension of time to file the briefs on the merits filed.
2024-07-25
Motion of Free Speech Coalition, et al. for an extension of time submitted.
2024-07-02
Petition GRANTED.
2024-06-28
DISTRIBUTED for Conference of 7/1/2024.
2024-06-04
Reply of petitioners Free Speech Coalition, et al. filed. (Distributed)
2024-06-04
DISTRIBUTED for Conference of 6/20/2024.
2024-05-31
Waiver of the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 filed by petitioner.
2024-05-30
Brief of respondent Ken Paxton, Attorney General of Texas in opposition filed.
2024-05-16
Brief amicus curiae of International Centre for Missing and Exploited Children filed.
2024-05-16
Brief amici curiae of American Booksellers for Free Expression, et al. filed.
2024-05-16
Brief amici curiae of Electronic Frontier Foundation and Woodhull Freedom Foundation filed.
2024-05-16
Brief amicus curiae of Foundation for Individual Rights and Expression filed.
2024-05-08
Motion to extend the time to file a response is granted in part and the time is extended to and including May 30, 2024.
2024-05-07
Response to motion to extend the time to file a response from petitioners filed.
2024-05-07
Motion to extend the time to file a response from May 16, 2024 to June 17, 2024, submitted to The Clerk.
2024-04-30
Application (23A925) for stay presented to Justice Alito and by him referred to the Court is denied.
2024-04-30
Application (23A925) referred to the Court.
2024-04-29
Reply of applicant Free Speech Coalition, et al. filed.
2024-04-26
Response to application from respondent Ken Paxton, Attorney General of Texas filed.
2024-04-17
Response to application (23A925) requested by Justice Alito, due by 4 p.m. (EDT), on April 26, 2024.
2024-04-12
Petition for a writ of certiorari filed. (Response due May 16, 2024)
2024-04-12
Application (23A925) for a stay, submitted to Justice Alito.
Attorneys
Age Verification Providers Association
Alliance Defending Freedom
American Booksellers for Free Expression, Association of American Publishers, Inc., Authors Guild, Inc., Comic Book Legal Defense Fund, and Freedom to Read Foundation
American Foundation for Addiction Research, et al.
American Principles Project
Citizens Defending Freedom
Clare Morell and Bradford Littlejohn
Council on Pornography Reform, America's Future, Public Advocate of the United States, U.S. Constitutional Rights Legal Defense Fund, and Conservative Legal Defense and Education Fund
Electronic Frontier Foundation
Electronic Frontier Foundation and Woodhull Freedom Foundation
Electronic Privacy Information Center
Ethics and Religious Liberty Commission, Southern Baptists of Texas Convention, Baptist General Convention of Texas
Exodus Cry, Stand With Survivors and Protect Young Eyes
Foundation for Individual Rights and Expression
Free Speech Coalition, et al.
International Centre for Missing and Exploited Children
Jaco Booyens Ministries, Ilonka Deaton, and Tami Brown Rodriquez
Ken Paxton, Attorney General of Texas
Louisiana State Representative, The Honorable Laurie Schlegel
Major Religious Organizations
Members of the Texas Senate
Minnesota Family Council, Kansas Family Voice, Texas Values, and Thirty State Family Policy Organizations
National Coalition Against Censorship et al.
Prof. Zachary Cantanzaro, et al.
Scholars on the Neurological Effects of Pornography on Adolescents
State Legislators, American Family Association, Inc., and AFA Action, Inc.
States of Ohio, Indiana, and 22 Other States
The Center for Democracy & Technology, New America’s Open Technology Institute, The Internet Society, Professor Daniel Weitzner, Professor Sarah Scheffler
The Manhattan Institute for Policy Research and Technology Scholars
The Matthew XVIII Group and The Reisman Institute
The Women's Liberation Front
U.S. Senator Mike Lee, Senator John Cornyn, Representative Chip Roy, and 20 Other Members of Congress
Woodhull Freedom Foundation