The global discourse on the age verification measures for internet users has not subsided, with the governments of several countries favoring this approach in an attempt to control and protect online engagement. However, a spate of recently introduced age verification bills has run afoul of 1st Amendment rights, leading to these bills being deemed unconstitutional, as the example of cases in
Arkansas and
Texas shows. The fundamental pillars of privacy and free speech seem to be compromised by age verification measures.
The NY Times columnist and freedom of speech advocate, David French, surprising many, has been vocal in his support for age verification measures. French has proposed that the 1st Amendment should not negate these laws. It is suggested that the constitutionality of age verification laws should be reevaluated in the context of laws related to adult content due to the rulings handed down on 1st Amendment violations before the recent ones. His arguments are presented in his published work on
NY Times.
Nonetheless, French’s stance has induced counterarguments. Ari Cohn, an expert 1st Amendment lawyer, refuted French’s claim in a thought-provoking
rebuttal. Cohn emphasized that the concept of the 1st Amendment isn’t as adaptable as French asserts. Regardless of whether some content is deemed “icky” or morally questionable by some, it is constitutionally protected speech.
Furthermore, Cohn highlights a noteworthy fact – that French’s proposition to transfer “offline doctrines” online appears to be underlined by his misunderstanding of “offline doctrines.” He cites the significant discrepancy between briefly checking an ID card, where anonymity is primarily maintained, and uploading identity documents that create a permanent trace of a user’s online presence. This online data can be extensively collected, stored, shared, sold, and used – potentially posing a severe threat to user privacy.
All in all, French’s theory has been convincingly debunked by Cohn’s arguments. While there has been an evolution in credit card technology, which potentially opens avenues for better age verification, it remains crucial to assess the legal standards as well as understand the intricacies involved before modifying or undermining the 1st Amendment.