Communicating triple-X information deserves what level of protection?
Today (Jan. 15), the US Supreme Court will hear arguments about a Texas law limiting access to websites that host sexually explicit content. The ACLU has challenged the law as a violation of the First Amendment rights of Texans. The case is getting a lot of attention as a potential new landmark precedent in the war on pornography waged by some conservatives. It has pitted them against free speech advocates (and adult website proprietors) who are allied against the law and lax protections against government speech restrictions, whatever the subject matter.
Restricting access to minors from the named content is the most sympathetic case for limitations on commercial pornographic websites. The Texas law requires commercial entities that publish or distribute…
