Supreme Court Upholds Age Verification For Adult Sites

Among other terrible rulings yesterday, the increasingly reactionary Supreme Court of the United States upheld Texas' age verification laws for porn sites (and by extension, by several other states with similar laws as well).  As the Electronic Frontier Foundation (EFF) reports:

Today’s decision in Free Speech Coalition v. Paxton is a direct blow to the free speech rights of adults. The Court ruled that “no person—adult or child—has a First Amendment right to access speech that is obscene to minors without first submitting proof of age.” This ruling allows states to enact onerous age-verification rules that will block adults from accessing lawful speech, curtail their ability to be anonymous, and jeopardize their data security and privacy. These are real and immense burdens on adults, and the Court was wrong to ignore them in upholding Texas’ law.  

Of course, this ruling is relatively narrow, at least for now:

Importantly, the Court's reasoning applies only to age-verification rules for certain sexual material, and not to age limits in general. We will continue to fight against age restrictions on online access more broadly, such as on social media and specific online features.  

But it still sets a very questionable precedent at best, and we know that it won't stop there without a fight.  Twenty-One Debunked of course vehemently opposes the use of mandatory age verification in general (including, but not limited to, social media platforms) on First Amendment grounds, youth rights grounds, and cybersecurity grounds as well.  Stay tuned, because this fight is NOT over!

What the Obamacare Ruling Means

NOTE:  This post is on both the TSAP blog and the Twenty-One Debunked blog

The recent Supreme Court ruling on the Affordable Care Act ("Obamacare") was a mixed bag overall.  The individual mandate (which the TSAP does not support) was upheld, but as part of the government's taxing power rather than under the Commerce Clause.  While it is clearly a stretch to say it is constitutional because it is a tax (just think of poll taxes), and thus unfortunately provides a roadmap on how to make an end-run around some parts of the Constitution in the future, at least the Court recognized that the Feds do not have unlimited power under the Commerce Clause.  Thus, the ruling took some of the wind out of the sails of the dangerous Gonzalez v. Raich precedent in 2005.

One thing the Court did strike down was the primary mechanism for ensuring state compliance with the Medicaid expansion, namely the withholding of existing federal Medicaid funds as a penalty for noncompliance.  This was basically the same form of coercion used by the feds to force states to raise the drinking age to 21 in the 1980s, which was upheld by South Dakota v. Dole in 1987.  Since then, this power has been used to coerce the states to follow other mandates as well, and not just ones related to highways.  Thus if there is any silver lining to the Obamacare ruling, it is the fact that it may make it easier for states to lower the drinking age (and possibly even legalize cannabis) without federal interference.

As we have noted before, the TSAP supports a single-payer healthcare system similar to what Canada currently has, which is also what President Obama originally wanted as recently as 2008.  Anything less would be uncivilized.