What is Time, Place, and Manner Regarding Free Speech | Lawyer Talk Q&A

One of the big questions that’s been coming up everywhere lately: how does the First Amendment actually work when it comes to online pornography?

In this episode, I break down the recent Supreme Court case, Free Speech Coalition Inc. v. Paxton, which addresses whether states can require age verification pop-ups on adult websites and whether that crosses the line into unconstitutional territory.

I’ll walk you through the basics of how the courts view content-based regulation versus time, place, and manner restrictions, and why that distinction matters for everything from protests on the statehouse lawn to what you see on your favorite websites.

We’ll talk about why challenges to these regulations are so important, what makes something pass constitutional muster, and where things might be headed next in the ever-evolving world of free speech and online content.

If you love digging into constitutional law, or if you simply want to understand how these headlines affect your rights, this episode is for you. Got a question? Head over to lawyertalkpodcast.com, send it my way, and let’s keep the conversation going.

3 Key Takeaways:

Content-Based vs. Time, Place, and Manner:

Content-based regulations, where the government restricts speech based on its message, are almost always unconstitutional. By contrast, time, place, and manner restrictions (imposing rules about when, where, or how speech happens) are generally permissible if applied fairly and equally.

Strict Scrutiny Applies:

Content-based restrictions are subjected to the strictest legal scrutiny and rarely survive court challenges. Time, place, and manner restrictions, if neutral and reasonable, tend to fare better legally.

Slippery Slope & Future Concerns:

The age verification requirement for adult content raises important “what’s next?” questions. Could similar regulations creep into academic, legal, or other sensitive content areas? How might new rules affect non-pornographic but still controversial discussions or resources online?

Got a question you want answered on the podcast? Call 614-859-2119 and leave us a voicemail. Steve will answer your question on the next podcast!

Submit your questions to www.lawyertalkpodcast.com.

Recorded at Channel 511.

Stephen E. Palmer, Esq. has been practicing criminal defense almost exclusively since 1995. He has represented people in federal, state, and local courts in Ohio and elsewhere.

Though he focuses on all areas of criminal defense, he particularly enjoys complex cases in state and federal courts.

He has unique experience handling and assembling top defense teams of attorneys and experts in cases involving allegations of child abuse (false sexual allegations, false physical abuse allegations), complex scientific cases involving allegations of DUI and vehicular homicide cases with blood alcohol tests, and any other criminal cases that demand jury trial experience.

Steve has unique experience handling numerous high-publicity cases that have garnered national attention.

For more information about Steve and his law firm, visit Palmer Legal Defense.

Copyright 2025 Stephen E. Palmer - Attorney At Law

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