Id say even if you ignore the first amendment case, the federal government still has legitimate constitutional grounds to review these kinds of laws since it is definitely in the realm of interstate commerce.
Let's be real, they can do whatever they want. The question is, should they? I don't think this is a clear violation of free speech, restricting speech from the ears of children has always been a thing in every modern government. It was always possible to buy porn magazines for example, but states required id verification in stores to sell them. You can watch porn on cable channels, but only because they were paid and an adult consented to it.
Another way to look at it is, porn is a sexual encounter, minors can't consent. From Texas' point of view, they are simply prohibiting a non-consensual sexual encounter.
It is not interstate commerce, because commerce isn't regulated here, free porn sites are included. If states can tax websites, they can also regulate content.
notepad0x90|1 month ago
Another way to look at it is, porn is a sexual encounter, minors can't consent. From Texas' point of view, they are simply prohibiting a non-consensual sexual encounter.
It is not interstate commerce, because commerce isn't regulated here, free porn sites are included. If states can tax websites, they can also regulate content.