U.S. Supreme Court Sides with Amici Curiae Brief Filed by Schaerr l Jaffe Attorneys Restricting Access to Porn Sites

The U.S. Supreme Court upheld a Texas law requiring age verification for pornography websites in Free Speech Coalition v. Paxton on Friday, siding with an amicus brief filed by Schaerr l Jaffe attorneys on behalf of several religious organizations.

Free Speech Coalition v. Paxton

Representatives for the pornography industry sued Texas Attorney General Ken Paxton over a law enacted in 2023 on First Amendment grounds, arguing it unduly burdened adults’ access to constitutionally protected materials.

The Ruling

On June 27, 2025, the Court upheld the law by a 6-3 vote, finding that the age-verification law “only incidentally burdens the protected speech of adults,” and the strict scrutiny standard should not apply.

The amicus brief, filed on behalf of The Church of Jesus Christ of Latter-day Saints and the U.S. Conference of Catholic Bishops, stated, “Given the rise of smartphones, if states like Texas cannot respond legislatively to the increased risks of ubiquitous pornography in the hands of children, then parents and religious communities will be left to fight this vicious plague alone. And it is likely to be a losing battle.”

Gene Schaerr, Thomas Lee, H. Christopher Bartolomucci, Hannah Smith, James Phillips, James Heilpern and Joshua Prince worked on the brief along with R. Shawn Gunnarson with the Utah-based firm Kirton McConkie.

About Schaerr l Jaffe

Schaerr l Jaffe is a Washington, D.C. boutique law firm dedicated to representing clients at trial, on appeal, during investigations, or during administrative proceedings. Our attorneys have deep experience in all stages of litigation and investigations, and we are routinely called upon to represent clients in high-profile, high-stakes cases across the country. www.schaerr-jaffe.com