Vanderbilt Law Clinic Files Supreme Court Amicus Brief on Behalf of First Amendment Scholars

The Stanton Foundation First Amendment Clinic at Vanderbilt Law School filed an amicus brief in Free Speech Coalition v. Paxton, a case pending case before the U.S. Supreme Court. Amici are First Amendment scholars who argue that age verification laws, which compel users to reveal their personal information, compromise their ability to engage in expressive activity and exercise associational rights anonymously. “The Court is being asked to decide whether rational-basis or strict scrutiny applies to laws that impose a burden on adults’ access to constitutionally protected speech,” explained Professor Jennifer Safstrom. In their brief, Amici assert that the First Amendment safeguards adult access to sensitive and uncomfortable content, including sexually explicit material, and that anonymity online is critical to ensuring that individuals can engage in protected activity without fear of retaliation, harassment, or surveillance.

The following scholars, who write and teach about the First Amendment, joined as amici:

• Clay Calvert, a Nonresident Senior Fellow at the American Enterprise Institute in Washington, D.C., and Professor Emeritus at the University of Florida in Gainesville;
• Erwin Chemerinsky, the Dean and Jesse H. Choper Distinguished Professor of Law at the University of California, Berkley School of Law;
• Alan Chen, the Thompson G. Marsh Law Alumni Professor at the University of Denver Sturm College of Law;
• Brett G. Johnson is an associate professor at the University of Iowa’s School of Journalism and Mass Communication;
• Lyrissa Lidsky, the Raymond & Miriam Ehrlich Chair in U.S. Constitutional Law at the University of Florida Levin College of Law;
• Clare R. Norins, a Clinical Associate Professor at the University of Georgia School of Law and director of the Law School’s First Amendment Clinic;
• Amanda Reid, a media law professor at the University of North Carolina’s Journalism School;
• Nadine Strossen, the John Martial Harlan II Professor of Law Emerita at New York Law School and past President of the American Civil Liberties Union.

Amici underscored how Texas’s age verification requirement violates the First Amendment right to anonymity. Sarah Zeiger ’25, a member of the First Amendment Clinic team who assisted with drafting the brief, noted: “Amici are taking a distinct position from other parties in Paxton by asking the Supreme Court to recognize the right to anonymity online for the first time, which is imperative in an increasingly digital world. By recognizing this right, the Supreme Court would be affirming the importance of free speech in a modern context, where online spaces are integral to democratic participation and the exchange of ideas.”

Amici are dedicated to safeguarding the right to online anonymity, particularly in the context of sensitive or controversial speech and association. “The age verification requirement in H.B. 1181 undermines this protection as forcing individuals to disclose personal information chills free expression. H.B. 1181 disproportionately impacts minority groups who are less likely to possess identification or are more vulnerable to errors in identity verification systems,” explained Reagan Mitchell (L’25).

“Amici present a compelling and unique view on the issues before the Court. The brief shows the Court that leading constitutional scholars in the United States agree that the First Amendment safeguards anonymity in speech, expression, and association, that this value can be traced to the country’s founding, and that this right extends to both the digital world and to engagement with sexually explicit material,” added Ryan Riedmueller, Legal Fellow with the Clinic.

The Supreme Court will consider arguments this term, which begins in October 2024, and render a decision by June 2025.

Copy of Amicus Brief on Behalf of First Amendment Scholars