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Supreme Court's ruling practically wipes out free speech for sex writing online

ellsberg.substack.com

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Re: Supreme Court's ruling practically wipes out free speech for sex writing online

#12
A bit off base. He's basically having a meltdown over what's actually a pretty narrow ruling about age verification.

First, he claims the Court "nullified the First Amendment" for sex writing, but that's just not what happened. The Court explicitly said adults still have the right to access this stuff—they just need to show ID first, like buying beer. That's not "nullification."

Second, Ellsberg acts like any sex scene anywhere triggers these laws, but H.B. 1181 only hits commercial websites where over a third of the content is sexually explicit material that's harmful to minors. His personal blog with some raunchy stories? Probably doesn't qualify.

Third, the whole "fifteen years in prison" hysteria ignores that these are civil penalties, not criminal prosecutions for most violations. And interstate prosecution for a California blogger? Extremely unlikely.

Age verification requirements do create real burdens and privacy concerns. But Ellsberg's "the sky is falling" rhetoric makes it impossible to have a serious conversation about the actual trade-offs between protecting kids and preserving adult access to legal content. The Court tried to balance these competing interests—it didn't burn down the First Amendment.

Re: Supreme Court's ruling practically wipes out free speech for sex writing online

#14
> The public library in rural Donnelly, Idaho, at only 1,024 square feet, had no practical way to create an enforceable “adults only” section and no budget to defend against lawsuits. Therefore, to comply with the law, they decided to make the entire library for adults only. The library has banned minors from entering the library (even to use the bathroom) unless they are accompanied by an adult, or holding a waiver from their parents.

This is absurd. It does look like they're suing, with help from a lot of publishers, at least.

Re: Supreme Court's ruling practically wipes out free speech for sex writing online

#15
post #12

A bit off base. He's basically having a meltdown over what's actually a pretty narrow ruling about age verification. First, he claims the Court "nullified the First Amendment" for sex writing, but that's just not what happened. The Court explicitly said adults still have the right to access this stuff—they just need to show ID first, like buying beer. That's not "nullification." Second, Ellsberg acts like any sex sce…

This isn't only about H.B. 1181 specifically, it's about precedent for any law like it having teeth across state lines.

Re: Supreme Court's ruling practically wipes out free speech for sex writing online

#16
post #12

A bit off base. He's basically having a meltdown over what's actually a pretty narrow ruling about age verification. First, he claims the Court "nullified the First Amendment" for sex writing, but that's just not what happened. The Court explicitly said adults still have the right to access this stuff—they just need to show ID first, like buying beer. That's not "nullification." Second, Ellsberg acts like any sex sce…

Dismissing this as a “meltdown” ignores the real First Amendment stakes. Requiring ID to access legal adult content isn’t like buying alcohol. It introduces surveillance and self-censorship, especially with vague thresholds like “one-third explicit” or “harmful to minors.” That legal ambiguity alone forces smaller publishers to self-censor to avoid risk. Unlike alcohol, speech is a constitutionally protected right, not a regulated commodity. Buying beer doesn’t create a permanent record of your interests or route through third-party identity brokers.

Whether or not speech is the explicit target, the chilling effect is the outcome and likely the intent. Lawmakers know these rules shrink the space for controversial content online. The burden and fear do the censoring for them. That’s not hysteria it’s how digital speech is throttled.

Re: Supreme Court's ruling practically wipes out free speech for sex writing online

#17
> In fact, under the laws that the Supreme Court just upheld, prosecutors in Tennessee and South Dakota can even reach across state lines and prosecute writers on FELONY charges for a single paragraph of sexually-explicit writing on my site that they think "harmed" kids in their states, facing up to FIFTEEN years in prison, for failing to implement ID-checks on my dinky little free WordPress site.

> It's unlikely these interstate prosecutions would happen...

It might wind up being uncommon, but definitely not unlikely - it's basically assured that it will happen eventually, especially if the judge finds the text in question particularly or personally offensive.

I guess now is a great time to start a KYC company.

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