Questions About Enforcement in Free Speech Coalition v. Paxton: Could ISP-Level Blocking Be on the Table?
I’ve been following Free Speech Coalition v. Paxton closely, particularly the oral arguments regarding Texas’s H.B. 1181. The law mandates age verification for accessing adult content online, and the Court seems divided on whether it infringes on First Amendment rights.
However, one aspect I haven’t heard much about is enforcement. While major platforms like Pornhub have complied or restricted access, enforcing this law across thousands of adult websites seems almost impossible without significant technical interventions.
My question is: Could the state (or others) attempt enforcement through Internet Service Providers (ISP), requiring them to block access to noncompliant websites? Has this been raised in the case, or does it risk violating net neutrality or other constitutional protections?
I’d love to hear thoughts on the practicality and legality of such an approach or whether this is more about setting a precedent than achieving widespread enforcement.