Decided

No. 23-1122

Free Speech Coalition, Inc., et al. v. Ken Paxton, Attorney General of Texas

from the United States Court of Appeals for the Fifth Circuit

See other cases from the Fifth Circuit.

Docket Entries

Judgment Issued.

Adjudged to be AFFIRMED. Thomas, J., delivered the <a href = 'https://www.supremecourt.gov/opinions/24pdf/23-1122_3e04.pdf'>opinion</a> 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.

Record received electronically from the United States Court of Appeals for the Fifth Circuit and available with the Clerk.

Argued. 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.

Letter of petitioners Free Speech Coalition, et al. filed. (Distributed)

Letter of respondent Ken Paxton, Attorney General of Texas filed. (Distributed)

Reply of petitioners Free Speech Coalition, et al. filed. (Distributed)

Motion 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.

Application (24A542) granted by Justice Alito extending the time to file petitioners' reply brief on the merits until December 23, 2024.

CIRCULATED

Application 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.

Brief amicus curiae of The Women's Liberation Front filed.

Brief amici curiae of Jaco Booyens Ministries, et al. filed.

Brief amici curiae of U.S. Senator Mike Lee, et al. filed.

Brief amici curiae of Minnesota Family Council, et al. filed.

Brief amicus curiae of Yoti Ltd. filed.

Brief amicus curiae of The Reward Foundation filed.

Brief amici curiae of Ohio, et al. filed.

Brief amici curiae of The Manhattan Institute for Policy Research, et al. filed.

Brief amici curiae of Exodus Cry, et al. filed.

Brief amici curiae of Major Religious Organizations filed.

Brief amicus curiae of Justice Defense Fund filed.

Brief amici curiae of Council on Pornography Reform, et al. filed.

Brief amicus curiae of Citizens Defending Freedom filed.

Brief amici curiae of American Foundation for Addiction Research, et al. filed.

Brief amici curiae of Scholars filed.

Brief amici curiae of Clare Morell and Bradford Littlejohn filed.

Brief amicus curiae of Age Verification Providers Association filed.

Brief amicus curiae of Them Before Us filed.

Brief amicus curiae of Nurse Heidi Olson filed.

Amicus brief of Nurse Heidi Olson not accepted for filing. (December 02, 2024 - duplicate submission)

Brief amicus curiae of American Principles Project filed.

Brief amici curiae of Scholars on the Neurological Effects of Pornography on Adolescents filed.

Brief amici curiae of Social Science Scholars filed.

Brief amici curiae of The Matthew XVIII Group, et al. filed.

Brief amici curiae of Members of the Texas Senate filed.

Brief amici curiae of Ethics and Religious Liberty Commission, et al. filed.

Brief amicus curiae of Louisiana State Representative, The Honorable Laurie Schlegel filed.

Brief amicus curiae of Alliance Defending Freedom filed.

Motion 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.

Brief of respondent Ken Paxton, Attorney General of Texas filed.

Brief amici curiae of State Legislators, et al. filed.

Record requested from the United States Court of Appeals for the Fifth Circuit.

SET FOR ARGUMENT on Wednesday, January 15, 2025.

Brief amici curiae of Foundation for Individual Rights and Expression, et al. filed.

Brief amici curiae of Prof. Zachary Cantanzaro, et al. filed.

Brief amicus curiae of Electronic Privacy Information Center in support of neither party filed.

Brief amicus curiae of United States supporting vacatur filed.

Brief amici curiae of First Amendment Scholars filed.

Brief amici curiae of National Coalition Against Censorship, et al. filed.

Brief amicus curiae of Cato Institute filed.

Brief amici curiae of Electronic Frontier Foundation, et al. filed.

Brief amicus curiae of Institute for Justice filed.

Brief amicus curiae of International Centre for Missing and Exploited Children filed.

Brief amicus curiae of Atsign, Inc. filed.

Brief amici curiae of American Booksellers for Free Expression, et al. filed.

Brief amici curiae of The Center for Democracy & Technology, et al. filed.

Joint appendix filed. (Statement of costs filed)

Brief of petitioners Free Speech Coalition, et al. filed.

Motion 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.

Motion for an extension of time to file the briefs on the merits filed.

Petition GRANTED.

DISTRIBUTED for Conference of 7/1/2024.

Reply of petitioners Free Speech Coalition, et al. filed. (Distributed)

DISTRIBUTED for Conference of 6/20/2024.

Waiver of the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 filed by petitioner.

Brief of respondent Ken Paxton, Attorney General of Texas in opposition filed.

Brief amici curiae of American Booksellers for Free Expression, et al. filed.

Brief amicus curiae of Foundation for Individual Rights and Expression filed.

Brief amici curiae of Electronic Frontier Foundation and Woodhull Freedom Foundation filed.

Brief amicus curiae of International Centre for Missing and Exploited Children filed.

Motion to extend the time to file a response is granted in part and the time is extended to and including May 30, 2024.

Response to motion to extend the time to file a response from petitioners filed.

Motion to extend the time to file a response from May 16, 2024 to June 17, 2024, submitted to The Clerk.

Application (23A925) referred to the Court.

Application (23A925) for stay presented to Justice Alito and by him referred to the Court is denied.

Reply of applicant Free Speech Coalition, et al. filed.

Response to application from respondent Ken Paxton, Attorney General of Texas filed.

Response to application (23A925) requested by Justice Alito, due by 4 p.m. (EDT), on April 26, 2024.

Application (23A925) for a stay, submitted to Justice Alito.

Petition for a writ of certiorari filed. (Response due May 16, 2024)

Parties

Free Speech Coalition, et al., Petitioner, represented by Derek L. Shaffer

Ken Paxton, Attorney General of Texas, Respondent, represented by Aaron Lloyd Nielson

Amici Curiae

Age Verification Providers Association, Amicus Curiae, represented by Aaron Michael Streett

Alliance Defending Freedom, Amicus Curiae, represented by John J. Bursch

American Booksellers for Free Expression, Association of American Publishers, Inc., Authors Guild, Inc., Comic Book Legal Defense Fund, and Freedom to Read Foundation, Amicus Curiae, represented by Kenneth A. Bamberger

American Foundation for Addiction Research, et al., Amicus Curiae, represented by Daniel Robert Suhr

American Principles Project, Amicus Curiae, represented by Theodore Mark Cooperstein

Atsign, Inc., Amicus Curiae, represented by Derek T. Ho

Cato Institute, Amicus Curiae, represented by Thomas Arthur Berry

Citizens Defending Freedom, Amicus Curiae, represented by Erin Elizabeth Mersino

Clare Morell and Bradford Littlejohn, Amicus Curiae, represented by Eric Nieuwenhuis Kniffin

Council on Pornography Reform, America's Future, Public Advocate of the United States, U.S. Constitutional Rights Legal Defense Fund, and Conservative Legal Defense and Education Fund, Amicus Curiae, represented by William Jeffrey Olson

Electronic Frontier Foundation, Amicus Curiae, represented by Corey Dustin Silverstein

Electronic Frontier Foundation and Woodhull Freedom Foundation, Amicus Curiae, represented by Aaron David Mackey

Electronic Frontier Foundation and Woodhull Freedom Foundation, Amicus Curiae, represented by Kevin S. Toll

Electronic Privacy Information Center, Amicus Curiae, represented by Alan Jay Butler

Ethics and Religious Liberty Commission, Southern Baptists of Texas Convention, Baptist General Convention of Texas, Amicus Curiae, represented by Stephen Chad Meredith

Exodus Cry, Stand With Survivors and Protect Young Eyes, Amicus Curiae, represented by Aaron Thomas Martin

First Amendment Scholars, Amicus Curiae, represented by Jennifer Marie Safstrom

Foundation for Individual Rights and Expression, Amicus Curiae, represented by Robert Lawrence Corn-Revere

Institute for Justice, Amicus Curiae, represented by Anna Aleksandrovna Bidwell

Institute for Justice, Amicus Curiae, represented by Paul Michael Sherman

International Centre for Missing and Exploited Children, Amicus Curiae, represented by Amer Shahid Ahmed

Jaco Booyens Ministries, Ilonka Deaton, and Tami Brown Rodriquez, Amicus Curiae, represented by Lawrence B. Shallcross Jr.

Justice Defense Fund, Amicus Curiae, represented by Michael Steven Overing

Louisiana State Representative, The Honorable Laurie Schlegel, Amicus Curiae, represented by Scott Lehman Sternberg

Major Religious Organizations, Amicus Curiae, represented by Gene Clayton Schaerr

Members of the Texas Senate, Amicus Curiae, represented by Peter Andrew Gentala

Minnesota Family Council, Kansas Family Voice, Texas Values, and Thirty State Family Policy Organizations, Amicus Curiae, represented by Renee Kristine Carlson

National Coalition Against Censorship et al., Amicus Curiae, represented by Charles Luther McCloud

Nurse Heidi Olson, Amicus Curiae, represented by Jeffrey Albert Wald

Prof. Zachary Cantanzaro, et al., Amicus Curiae, represented by Ronan P. Doherty

Scholars, Amicus Curiae, represented by D. Adam Candeub

Scholars on the Neurological Effects of Pornography on Adolescents, Amicus Curiae, represented by John Clay Sullivan

Social Science Scholars, Amicus Curiae, represented by James Ryan Conde

State Legislators, American Family Association, Inc., and AFA Action, Inc., Amicus Curiae, represented by Trey Christian Dellinger

States of Ohio, Indiana, and 22 Other States, Amicus Curiae, represented by Thomas Elliot Gaiser

The Center for Democracy & Technology, New America’s Open Technology Institute, The Internet Society, Professor Daniel Weitzner, Professor Sarah Scheffler, Amicus Curiae, represented by Andrew Stephen Bruns

The Manhattan Institute for Policy Research and Technology Scholars, Amicus Curiae, represented by James Ryan Conde

The Matthew XVIII Group and The Reisman Institute, Amicus Curiae, represented by Mary Elizabeth McAlister

Them Before Us, Amicus Curiae, represented by Benjamin Michael Flowers

The Reward Foundation, Amicus Curiae, represented by Joel L Thayer

The Women's Liberation Front, Amicus Curiae, represented by Elspeth Benten Cypher

United States, Amicus Curiae, represented by D. John Sauer

U.S. Senator Mike Lee, Senator John Cornyn, Representative Chip Roy, and 20 Other Members of Congress, Amicus Curiae, represented by Patrick Francis Philbin

Woodhull Freedom Foundation, Amicus Curiae, represented by Corey Dustin Silverstein

Woodhull Freedom Foundation, Amicus Curiae, represented by Lawrence G. Walters

Yoti Ltd., Amicus Curiae, represented by James R. Marsh

 
Last updated: April 18, 2026