Feldman: Court's originalists' reinterpreting precedent to justify discarding it
Briefly

The Supreme Court’s unanimous decision in Free Speech Coalition v. Paxton upholds new age-verification requirements for online pornography, moving away from a previous precedent. Justice Clarence Thomas, previously known for a strong defense of free speech, articulated that evolving technologies necessitate reevaluation of First Amendment applications. The ruling implies a shift in court attitudes, with conservatives recognizing the need for modernized interpretations while liberals emphasize adherence to established precedents. This transformation indicates a significant change in how online speech is evaluated legally in light of emerging technologies.
Justice Clarence Thomas made it clear that his goal was to uphold the Texas age-verification law despite the precedent established in Ashcroft v. ACLU. With advancements in technology, adolescents now access abundant content at unprecedented ease, impacting First Amendment considerations.
The conservative majority on the Supreme Court demonstrates a willingness to modify the interpretation of the First Amendment in light of evolving technology, openly acknowledging the need to update the law, while the liberal dissenters emphasize the importance of historical precedent.
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