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Advisory Opinions

Are Age Verification Laws Constitutional?

Advisory Opinions

The Dispatch

Politics, News, Government

4.8 • 3.6K Ratings

🗓️ 21 August 2025

⏱️ 51 minutes

🧾️ Download transcript

Summary

Sarah Isgur and David French analyze Justice Brett Kavanaugh’s concurrence in the NetChoice v. Mississippi case and whether or not states can enforce unconstitutional laws. The Agenda:—Battle of the irreparable harms—SCOTUS and political battles—Revisiting minors’ First Amendment rights—Dissential battle raging at the 6th Circuit—White House joins TikTok—Let the drag shows continue—Christian Legal Society vs. Martinez Advisory Opinions is a production of The Dispatch, a digital media company covering politics, policy, and culture from a non-partisan, conservative perspective. To access all of The Dispatch’s offerings—including access to all of our articles, members-only newsletters, and bonus podcast episodes—click here. If you’d like to remove all ads from your podcast experience, consider becoming a premium Dispatch member by clicking here. Learn more about your ad choices. Visit megaphone.fm/adchoices

Transcript

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0:00.0

Ready?

0:02.0

I was born ready.

0:04.0

Welcome to advisory opinions. I'm Sarah Isger. That's David French. And we're going to do some

0:23.4

balancing of the equities at the Supreme Court today, a little interim docket action, as well as a

0:30.0

Sixth Circuit dissental battle of the dissentals. I mean, are dissentals good? What are those concurrals? And the Fifth Circuit decided that

0:42.7

West Texas A&M drag show case split panel, let's see what case David French thinks is the worst

0:50.8

modern Supreme Court case of all time.

0:56.7

All coming up on advisory opinions.

1:10.6

David, we have an interesting statement from Justice Kavanaugh at the Supreme Court.

1:13.4

Now, this case is Netchoice versus Fitch. It's about age restriction for all social media. So if you remember back

1:23.0

only so many weeks ago at the beginning of the summer, we had that Texas case come out of the Supreme Court about age restrictions for websites

1:33.2

that have more than two-thirds of the content is obscene or pornographic, et cetera.

1:38.1

And the Supreme Court upheld that.

1:40.7

This is age restrictions for all social media websites in the state of Mississippi.

1:46.8

So the Fifth Circuit lifted the injunction on the law going into effect. And the net choice folks,

1:59.8

the social media side,

2:01.3

asked the Supreme Court to lift the stay on the injunction anyway.

2:07.7

The point is, the net choice folks don't want the law going into effect,

2:11.2

and Mississippi does want the law going into the effect.

2:13.8

The Supreme Court denied their interim docket.

2:17.6

They're just not touching it.

2:18.8

But we got a statement from Justice Kavanaugh,

...

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