Skip to content

Free Speech Coalition, Inc. v. Paxton

Docket No. Op. Below Argument Opinion Vote Author Term
23-1122 5th Cir. Jan 15, 2025 TBD TBD TBD OT 2024

Issue: Whether the court of appeals erred as a matter of law in applying rational-basis review, instead of strict scrutiny, to a law burdening adults" access to protected speech.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
04/12/2024Petition for a writ of certiorari filed. (Response due May 16, 2024)
04/12/2024Application (23A925) for a stay, submitted to Justice Alito.
04/17/2024Response to application (23A925) requested by Justice Alito, due by 4 p.m. (EDT), on April 26, 2024.
04/26/2024Response to application from respondent Ken Paxton, Attorney General of Texas filed.
04/29/2024Reply of applicant Free Speech Coalition, et al. filed.
04/30/2024Application (23A925) referred to the Court.
04/30/2024Application (23A925) for stay presented to Justice Alito and by him referred to the Court is denied.
05/07/2024Motion to extend the time to file a response from May 16, 2024 to June 17, 2024, submitted to The Clerk.
05/07/2024Response to motion to extend the time to file a response from petitioners filed.
05/08/2024Motion to extend the time to file a response is granted in part and the time is extended to and including May 30, 2024.
05/16/2024Brief amici curiae of American Booksellers for Free Expression, et al. filed.
05/16/2024Brief amicus curiae of International Centre for Missing and Exploited Children filed.
05/16/2024Brief amici curiae of Electronic Frontier Foundation and Woodhull Freedom Foundation filed.
05/16/2024Brief amicus curiae of Foundation for Individual Rights and Expression filed.
05/30/2024Brief of respondent Ken Paxton, Attorney General of Texas in opposition filed.
05/31/2024Waiver of the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 filed by petitioner.
06/04/2024DISTRIBUTED for Conference of 6/20/2024.
06/04/2024Reply of petitioners Free Speech Coalition, et al. filed. (Distributed)
06/28/2024DISTRIBUTED for Conference of 7/1/2024.
07/02/2024Petition GRANTED.
07/25/2024Motion for an extension of time to file the briefs on the merits filed.
07/31/2024Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioners' brief on the merits is extended to and including September 16, 2024. The time to file respondent's brief on the merits is extended to and including November 15, 2024.
09/16/2024Brief of petitioners Free Speech Coalition, et al. filed.
09/16/2024Joint appendix filed. (Statement of costs filed)
09/20/2024Brief amici curiae of The Center for Democracy & Technology, et al. filed.
09/23/2024Brief amicus curiae of Atsign, Inc. filed.
09/23/2024Brief amicus curiae of International Centre for Missing and Exploited Children filed.
09/23/2024Brief amicus curiae of Institute for Justice filed.
09/23/2024Brief amici curiae of Electronic Frontier Foundation, et al. filed.
09/23/2024Brief amicus curiae of Cato Institute filed.
09/23/2024Brief amici curiae of National Coalition Against Censorship, et al. filed.
09/23/2024Brief amici curiae of First Amendment Scholars filed.
09/23/2024Brief amicus curiae of United States supporting vacatur filed.
09/23/2024Brief amicus curiae of Electronic Privacy Information Center in support of neither party filed.
09/23/2024Brief amici curiae of Prof. Zachary Cantanzaro, et al. filed.
09/23/2024Brief amici curiae of Foundation for Individual Rights and Expression, et al. filed.
09/23/2024Brief amici curiae of American Booksellers for Free Expression, et al. filed.
10/31/2024SET FOR ARGUMENT on Wednesday, January 15, 2025.
11/13/2024Record requested from the United States Court of Appeals for the Fifth Circuit.
11/15/2024Brief of respondent Ken Paxton, Attorney General of Texas filed.
11/15/2024Brief amici curiae of State Legislators, et al. filed.
11/18/2024Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument filed.
11/21/2024Brief amicus curiae of Alliance Defending Freedom filed.
11/22/2024Brief amici curiae of Clare Morell and Bradford Littlejohn filed.
11/22/2024Brief amicus curiae of Age Verification Providers Association filed.
11/22/2024Brief amici curiae of American Foundation for Addiction Research, et al. filed.
11/22/2024Brief amicus curiae of Citizens Defending Freedom filed.
11/22/2024Brief amici curiae of Council on Pornography Reform, et al. filed.
11/22/2024Brief amicus curiae of Justice Defense Fund filed.
11/22/2024Brief amici curiae of Major Religious Organizations filed.
11/22/2024Brief amici curiae of Exodus Cry, et al. filed.
11/22/2024Brief amici curiae of The Manhattan Institute for Policy Research, et al. filed.
11/22/2024Brief amici curiae of Ohio, et al. filed.
11/22/2024Brief amicus curiae of The Reward Foundation filed.
11/22/2024Brief amicus curiae of Yoti Ltd. filed.
11/22/2024Brief amici curiae of Minnesota Family Council, et al. filed.
11/22/2024Brief amici curiae of Scholars filed.
11/22/2024Brief amici curiae of U.S. Senator Mike Lee, et al. filed.
11/22/2024Brief amici curiae of Jaco Booyens Ministries, et al. filed.
11/22/2024Brief amicus curiae of The Women's Liberation Front filed.
11/22/2024Brief amicus curiae of Louisiana State Representative, The Honorable Laurie Schlegel filed.
11/22/2024Brief amici curiae of Ethics and Religious Liberty Commission, et al. filed.
11/22/2024Brief amici curiae of Members of the Texas Senate filed.
11/22/2024Brief amici curiae of The Matthew XVIII Group, et al. filed.
11/22/2024Brief amici curiae of Social Science Scholars filed.
11/22/2024Brief amici curiae of Scholars on the Neurological Effects of Pornography on Adolescents filed.
11/22/2024Brief amicus curiae of American Principles Project filed.
11/22/2024Amicus brief of Nurse Heidi Olson not accepted for filing. (December 02, 2024 - duplicate submission)
11/22/2024Brief amicus curiae of Nurse Heidi Olson filed.
11/22/2024Brief amicus curiae of Them Before Us filed.
11/27/2024Application of petitioners (24A542) to extend the time to file a reply brief on the merits from December 16, 2024 to December 23, 2024, submitted to Justice Alito.
12/03/2024CIRCULATED
12/06/2024Application (24A542) granted by Justice Alito extending the time to file petitioners' reply brief on the merits until December 23, 2024.
12/09/2024Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument GRANTED.
12/23/2024Reply of petitioners Free Speech Coalition, et al. filed. (Distributed)
01/14/2025Letter of respondent Ken Paxton, Attorney General of Texas filed. (Distributed)
01/14/2025Letter of petitioners Free Speech Coalition, et al. filed. (Distributed)
01/15/2025Argued. For petitioners: Derek L. Shaffer, Washington, D. C. For United States, as amicus curiae: Brian H. Fletcher, Principal Deputy Solicitor General, Department of Justice, Washington, D. C. For respondent: Aaron L. Nielson, Solicitor General, Austin, Tex.
01/16/2025Record received electronically from the United States Court of Appeals for the Fifth Circuit and available with the Clerk.