Hmm

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Joined 2 years ago
Cake day: July 2nd, 2023
  • TacoButtPlug@sh.itjust.workstoTechnology@lemmy.world•Court Rules in Pornhub’s Favor in Finding Texas Age-Verification Law Violates First AmendmentEnglish
    6·
    2 years ago

    The actual document pretty much says the federal decision on decency is established in the first amendment category as an already established precedent and whatever the inept republicans were trying wasn’t remotely good enough to challenge it.

    “V. CONCLUSION At the core of Defendant’s argument is the suggestion that H.B. 1181 is constitutional if the Supreme Court changes its precedent on obscenity. Defendant may certainly attempt a challenge to Miller and Reno at the Supreme Court. But it cannot argue that it is likely to succeed on the merits as they currently stand based upon the mere possibility of a change in precedent. Nor can Defendant argue that the status quo is maintained at the district court level by disregarding Supreme Court precedent. The status quo has been—and still is today—that content filtering is a narrower alternative than age verification. Ashcroft v. ACLU, 542 U.S. at 667. The Court agrees that the state has a legitimate goal in protecting children from sexually explicit material online. But that goal, however crucial, does not negate this Court’s burden to ensure that the laws passed in its pursuit comport with established First Amendment doctrine. There are viable and constitutional means to achieve Texas’s goal, and nothing in this order prevents the state from pursuing those means. See ACLU v. Gonzales, 478 F. Supp. 2d 775 (E.D. Pa. 2007), aff’d, 534 F.3d 181. (“I may not turn a blind eye to the law in order to attempt to satisfy my urge to protect this nation’s youth by upholding a flawed statute, especially when a more effective and less restrictive alternative is readily available[.]”). Because the Court finds that H.B. 1181 violates the First Amendment of the United States Constitution, it will GRANT Plaintiffs’ motion for a preliminary injunction, (Dkt. # 5), as to their First Amendment claims and GRANT the motion in part and DENY the motion in part as to their Section 230 claims. Defendant Angela Colmenero, in her official capacity as Attorney General for the State of Texas, is preliminarily ENJOINED from enforcing any provision of H.B. 1181.”