In the wake of the U.S. Supreme Court’s ruling in Free Speech Coalition v. Paxton, which upheld Texas’s age verification (AV) law for online adult content, the Free Speech Coalition (FSC) hosted a public webinar Tuesday to brief adult industry professionals on what the decision means, and what’s coming next.

Titled “Unpacking the Supreme Court Decision on Age Verification,” the webinar was led by FSC Executive Director Alison Boden and FSC Director of Public Policy Mike Stabile, who warned that the ruling not only affirms state-level AV laws but also opens the door to even broader, more burdensome content restrictions across the U.S.

“Every law that is substantially similar to this one is going to be constitutional from now on,” Boden cautioned.

“A Censorious Decision”

Stabile called the Supreme Court’s decision a “political decision” driven by predetermined outcomes, rather than legal consistency.

“I think that this will go down as a tremendously horrible, censorious decision,” he said, criticizing the Court’s use of intermediate scrutiny over strict scrutiny, which historically protects free speech more robustly.

He and Boden emphasized that compliance is now urgent, as state Attorneys General become more aggressive in targeting adult content, regardless of a site’s size or revenue.

“AGs don’t care how big the websites are. It can be a tiny website that just sends affiliate traffic,” Boden noted.

With AV laws now enforceable in many states — and each state defining “harmful content” and enforcement thresholds differently — Boden and Stabile warned that adult sites have no reliable safe harbor, especially as some laws do not specify commercial thresholds or content percentages.

Sites should consider geoblocking states with AV mandates and ensure they are using commercially reasonable AV solutions, even though the definition of that term remains legally ambiguous.

“Ultimately, if they want to go after you, they’re going to go after you,” said Stabile.

Boden advised creators to avoid posting content on platforms that don’t age verify and warned that “SFW” pages offer only limited protection. She also recommended updating privacy policies, ensuring arbitration clauses are enforceable, and being prepared for lawsuits from states with private rights of action.

Both presenters agreed: the ruling is not the end, it’s the beginning.

Stabile pointed to bills like Tennessee’s, which requires AV rechecks every 60 minutes, and North Carolina’s attempt to invalidate performer model releases, as signs of more punitive legislative efforts aimed at choking off the adult industry.

“These laws were explicitly used to go after adult sites. They’re not going to be happy with just age verification,” he warned.

He also cited Sen. Mike Lee’s Interstate Obscenity Definition Act as a possible vehicle to redefine nearly all explicit visual content as obscene, potentially criminalizing much of the adult internet.

The FSC plans to release a written compliance guide, pursue a national legislative harmonization strategy, and possibly develop its own AV tool, to ensure adult businesses aren’t forced to rely on providers that fund anti-porn advocacy.

“We’re going to fight as hard as we can,” Boden promised, encouraging members to contact the FSC for legal referrals, tools, and advice.

The FSC is also expanding its outreach to allies in the LGBTQ+ community, libraries, and free speech organizations, recognizing that “harmful to minors” rhetoric is being used to target everything from drag shows to Pride displays.

“Going after porn is the Trojan horse,” Stabile said. “They’re going after everyone.”

“This is a tough loss,” Boden acknowledged. “But we are not done. We will not let this industry be pushed back into the shadows.”

She urged the industry to stay informed, connected, and vocal.

“Talk to other people in the industry about what’s happening and about the work we have to do,” Stabile said. “We need to be together more than ever.”

For updates and support, visit FreeSpeechCoalition.com.