This educational guide is based on the linked primary sources. It is not a Court publication, is not affiliated with the Court, and is not legal advice.
In brief
Overview
In 2023, Texas enacted H. B. 1181, requiring certain commercial websites publishing sexually explicit content that is obscene to minors to verify that visitors are 18 or older.
According to Free Speech Coalition, Inc., the Free Speech Coalition argued that adults have a right to access the covered speech, and that the statute impermissibly hinders them.
Texas contends that only rational‑basis review applies to H. B. 1181.
Texas also argues that intermediate scrutiny is too demanding and that only rational‑basis review should apply.
The Fifth Circuit held that an injunction was not warranted because petitioners were unlikely to succeed on their First Amendment claim.
The District Court granted petitioners a preliminary injunction after concluding that they were likely to succeed on their claim.
- [1] 289cba54699c51c3fd3f-r1-5c2805a93c6082b6.pdf, p. 2
- [2] 289cba54699c51c3fd3f-r1-5c2805a93c6082b6.pdf, p. 2
- [3] 289cba54699c51c3fd3f-r1-5c2805a93c6082b6.pdf, p. 4
- [4] 289cba54699c51c3fd3f-r1-5c2805a93c6082b6.pdf, p. 36
- [5] 289cba54699c51c3fd3f-r1-5c2805a93c6082b6.pdf, p. 2
- [6] 289cba54699c51c3fd3f-r1-5c2805a93c6082b6.pdf, p. 10
Background and question before the Court
The Supreme Court granted certiorari to determine whether H. B. 1181's age‑verification requirement is likely constitutional on its face.
The central question before the Court was whether H. B. 1181's age‑verification requirement complies with the First Amendment.
What each side argues
Texas
Texas argues that only rational‑basis review should apply to H. B. 1181.
Texas contends that intermediate scrutiny is too demanding and that only rational‑basis review applies.
Free Speech Coalition, Inc.
According to Free Speech Coalition, Inc., the Free Speech Coalition maintains that adults have a constitutional right to access the speech covered by H. B. 1181 and that the statute impermissibly hinders that right.
What happened at oral argument
What the Court decided
The Court denied a stay of the Fifth Circuit's judgment.
The Court affirmed the judgment of the Court of Appeals for the Fifth Circuit.
The Court held that H. B. 1181 triggers only intermediate scrutiny.
The Court also held that because H. B. 1181 restricts access to speech based on its content, it is subject to strict scrutiny.
Justice Kagan dissented, arguing that H. B. 1181 should be subject to strict scrutiny.
Why it matters
Terms to know
No glossary terms are available for this guide.
Primary sources
Read the source materials on the official site or open the immutable repository copy used for this guide.
- 289cba54699c51c3fd3f-r1-5c2805a93c6082b6.pdfopinion
- 88472391d30874b10d22-r1-36972d537d35dcbe.pdforal argument transcript
Guide generated September 27, 2026. Automated validation accepted this version.