SB 1261 would require smartphone manufacturers to set up a content filter on all devices that prevents the user from viewing pornographic material.
Censoring adults’ access to online speech violates the First Amendment. Courts have repeatedly struck down laws seeking to censor the speech that adults can access online. In ACLU v. Reno, the Supreme Court held that solutions that blocked sexual content for adults (as these filters would) violate the First Amendment; and in Ashcroft v. ACLU, the Court held that parent-enabled (not government-imposed) filters were less restrictive than a one-size-fits-all government mandate.