Supreme Court of the United States · Official docket →
Free Speech Coalition, Inc., et al. v. Ken Paxton, Attorney General of Texas
Paid petition · United States Court of Appeals for the Fifth Circuit, No. 23-50627 · judgment March 7, 2024
Decided · June 27, 2025
Pre-decision estimate: 52% cert probability (95% interval 40%–64%)
Before the decision, about 12.6× the 4.1% base rate. The model weighted this up for a petition filed soon after the judgment below, counsel who has won certiorari before, and a Fifth Circuit decision below, and down for a state or local-government respondent.
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.
Counsel of record
For petitioner
Derek L. Shaffer
Quinn Emanuel Urquhart & Sullivan, LLP
For respondent
Aaron Lloyd Nielson
Office of the Texas Attorney General
Case
Conference history
Distributed for 2 conferences
Amicus briefs
4 cert-stage · 41 merits
(13 supporting pet./neither, 28 respondent)
Argument & decision
Argued January 15, 2025 — Derek L. Shaffer · Brian H. Fletcher · Aaron L. Nielson. Audio and transcript
Decided June 27, 2025. Opinion by Thomas.
Proceedings
- Jul 29 2025Judgment Issued.
- Jun 27 2025Adjudged to be AFFIRMED. Thomas, J., delivered the opinion 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.
- Jan 16 2025Record received electronically from the United States Court of Appeals for the Fifth Circuit and available with the Clerk.
- Jan 15 2025Argued. 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.
- Jan 14 2025Letter of respondent Ken Paxton, Attorney General of Texas filed. (Distributed)
- Jan 14 2025Letter of petitioners Free Speech Coalition, et al. filed. (Distributed)
- Dec 23 2024Reply of petitioners Free Speech Coalition, et al. filed. (Distributed)
- Dec 09 2024Motion 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.
- Dec 06 2024Application (24A542) granted by Justice Alito extending the time to file petitioners' reply brief on the merits until December 23, 2024.
- Dec 03 2024CIRCULATED
- Nov 27 2024Application 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.
- Nov 22 2024Brief amici curiae of Clare Morell and Bradford Littlejohn filed.
- Nov 22 2024Brief amicus curiae of Age Verification Providers Association filed.
- Nov 22 2024Brief amici curiae of American Foundation for Addiction Research, et al. filed.
- Nov 22 2024Brief amicus curiae of Citizens Defending Freedom filed.
- Nov 22 2024Brief amici curiae of Council on Pornography Reform, et al. filed.
- Nov 22 2024Brief amicus curiae of Justice Defense Fund filed.
- Nov 22 2024Brief amici curiae of Major Religious Organizations filed.
- Nov 22 2024Brief amici curiae of Exodus Cry, et al. filed.
- Nov 22 2024Brief amici curiae of The Manhattan Institute for Policy Research, et al. filed.
- Nov 22 2024Brief amici curiae of Ohio, et al. filed.
- Nov 22 2024Brief amicus curiae of The Reward Foundation filed.
- Nov 22 2024Brief amicus curiae of Yoti Ltd. filed.
- Nov 22 2024Brief amici curiae of Minnesota Family Council, et al. filed.
- Nov 22 2024Brief amici curiae of Scholars filed.
- Nov 22 2024Brief amici curiae of U.S. Senator Mike Lee, et al. filed.
- Nov 22 2024Brief amici curiae of Jaco Booyens Ministries, et al. filed.
- Nov 22 2024Brief amicus curiae of The Women's Liberation Front filed.
- Nov 22 2024Brief amicus curiae of Louisiana State Representative, The Honorable Laurie Schlegel filed.
- Nov 22 2024Brief amici curiae of Ethics and Religious Liberty Commission, et al. filed.
- Nov 22 2024Brief amici curiae of Members of the Texas Senate filed.
- Nov 22 2024Brief amici curiae of The Matthew XVIII Group, et al. filed.
- Nov 22 2024Brief amici curiae of Social Science Scholars filed.
- Nov 22 2024Brief amici curiae of Scholars on the Neurological Effects of Pornography on Adolescents filed.
- Nov 22 2024Brief amicus curiae of American Principles Project filed.
- Nov 22 2024Amicus brief of Nurse Heidi Olson not accepted for filing. (December 02, 2024 - duplicate submission)
- Nov 22 2024Brief amicus curiae of Nurse Heidi Olson filed.
- Nov 22 2024Brief amicus curiae of Them Before Us filed.
- Nov 21 2024Brief amicus curiae of Alliance Defending Freedom filed.
- Nov 18 2024Motion 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.
- Nov 15 2024Brief of respondent Ken Paxton, Attorney General of Texas filed.
- Nov 15 2024Brief amici curiae of State Legislators, et al. filed.
- Nov 13 2024Record requested from the United States Court of Appeals for the Fifth Circuit.
- Oct 31 2024SET FOR ARGUMENT on Wednesday, January 15, 2025.
- Sep 23 2024Brief amicus curiae of Atsign, Inc. filed.
- Sep 23 2024Brief amicus curiae of International Centre for Missing and Exploited Children filed.
- Sep 23 2024Brief amicus curiae of Institute for Justice filed.
- Sep 23 2024Brief amici curiae of Electronic Frontier Foundation, et al. filed.
- Sep 23 2024Brief amicus curiae of Cato Institute filed.
- Sep 23 2024Brief amici curiae of National Coalition Against Censorship, et al. filed.
- Sep 23 2024Brief amici curiae of First Amendment Scholars filed.
- Sep 23 2024Brief amicus curiae of United States supporting vacatur filed.
- Sep 23 2024Brief amicus curiae of Electronic Privacy Information Center in support of neither party filed.
- Sep 23 2024Brief amici curiae of Prof. Zachary Cantanzaro, et al. filed.
- Sep 23 2024Brief amici curiae of Foundation for Individual Rights and Expression, et al. filed.
- Sep 23 2024Brief amici curiae of American Booksellers for Free Expression, et al. filed.
- Sep 20 2024Brief amici curiae of The Center for Democracy & Technology, et al. filed.
- Sep 16 2024Brief of petitioners Free Speech Coalition, et al. filed.
- Sep 16 2024Joint appendix filed. (Statement of costs filed)
- Jul 31 2024Motion 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.
- Jul 25 2024Motion for an extension of time to file the briefs on the merits filed.
- Jul 02 2024Petition GRANTED.
- Jun 28 2024DISTRIBUTED for Conference of 7/1/2024.
- Jun 04 2024DISTRIBUTED for Conference of 6/20/2024.
- Jun 04 2024Reply of petitioners Free Speech Coalition, et al. filed. (Distributed)
- May 31 2024Waiver of the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 filed by petitioner.
- May 30 2024Brief of respondent Ken Paxton, Attorney General of Texas in opposition filed.
- May 16 2024Brief amici curiae of American Booksellers for Free Expression, et al. filed.
- May 16 2024Brief amicus curiae of International Centre for Missing and Exploited Children filed.
- May 16 2024Brief amici curiae of Electronic Frontier Foundation and Woodhull Freedom Foundation filed.
- May 16 2024Brief amicus curiae of Foundation for Individual Rights and Expression filed.
- May 08 2024Motion to extend the time to file a response is granted in part and the time is extended to and including May 30, 2024.
- May 07 2024Motion to extend the time to file a response from May 16, 2024 to June 17, 2024, submitted to The Clerk.
- May 07 2024Response to motion to extend the time to file a response from petitioners filed.
- Apr 30 2024Application (23A925) referred to the Court.
- Apr 30 2024Application (23A925) for stay presented to Justice Alito and by him referred to the Court is denied.
- Apr 29 2024Reply of applicant Free Speech Coalition, et al. filed.
- Apr 26 2024Response to application from respondent Ken Paxton, Attorney General of Texas filed.
- Apr 17 2024Response to application (23A925) requested by Justice Alito, due by 4 p.m. (EDT), on April 26, 2024.
- Apr 12 2024Petition for a writ of certiorari filed. (Response due May 16, 2024)
- Apr 12 2024Application (23A925) for a stay, submitted to Justice Alito.