NCAC has filed an amicus brief in the consolidated cases of NetChoice v. Paxton and Students Engaged in Advancing Texas v. Paxton, lawsuits challenging the constitutionality of Texas HB 18 under the First Amendment. This statute restricts certain digital platforms from permitting users under the age of 18 to access content that is obscene as to minors or “promotes, glorifies, or facilitates” topics such as suicide, self-harm, and substance abuse. The lower court issued a preliminary injunction, finding that the plaintiffs were likely to succeed on their constitutional claims and thus pausing the enforcement of HB 18. The State of Texas appealed. In this case, NCAC argues that “HB 18 is a textbook case of content- and viewpoint-based speech discrimination” and should be evaluated under strict scrutiny because it seeks to restrict the publication of protected speech.
Read NCAC’s Amicus Brief here: Click here for a full-screen view: