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Supreme Court Upholds Texas Age-Verification Law for Adult Websites

LEGAL NEWS STRAIGHT

In a landmark 6-3 decision split along ideological lines, the U.S. Supreme Court has upheld a Texas law that requires users of sexually explicit websites to verify their age with government-issued identification.

The ruling marks a significant moment in the regulation of online adult content, as the nation’s highest court sided with the state’s effort to shield minors from pornography, despite concerns raised by free speech advocates.

The Texas law, known formally as House Bill 1181, was enacted in 2023 and mandates that any website with at least one-third of its content deemed “sexually explicit” or “harmful to children” must verify the age of all users before granting access. Accepted forms of verification include uploading a driver’s license or other official government ID.

Justice Clarence Thomas, writing for the majority, stated that the law “advances the state’s important interest in shielding children from sexually explicit material” and only “incidentally burdens the protected speech of adults.”

Supreme Court

The Court’s conservative majority concluded that the law’s age-verification requirement mirrors protocols already used by certain pornographic websites and other industries handling sensitive content.

Opponents of the law, led by the Free Speech Coalition, a trade group representing the adult entertainment industry, argued that the measure imposes a content-based restriction on free expression, infringing upon the First Amendment rights of adult users.

They also warned of serious privacy risks, noting that the law allows websites to view age-verification documents but lacks clear protections against the transfer or misuse of such data.

Critics further pointed out the law’s broad language, which defines “harmful to children” in a way that could encompass not just explicit videos, but also suggestive material such as romance novels or R-rated films. They also noted an inconsistency: search engines and social media platforms, which serve as major gateways to explicit content, are exempt from the law’s requirements.

Initially, U.S. District Judge David Alan Ezra blocked the law in 2023, calling it likely unconstitutional. However, the Fifth Circuit Court of Appeals overturned that ruling, applying a rational basis test, the least rigorous legal standard, which allows laws to stand if there is any conceivable justification for them. The appeals court ruled that Texas had provided sufficient rationale in its effort to protect minors.

Following the Fifth Circuit decision, several major adult websites, including Pornhub, began blocking access for Texas users rather than risk violating the new law.

The Supreme Court previously declined to halt the law’s enforcement while litigation continued. Friday’s ruling confirms that adult platforms operating in Texas must comply or face legal penalties.

In a dissenting opinion, the Court’s liberal justices—Sotomayor, Kagan, and Jackson—warned that the law sets a dangerous precedent by burdening adults’ access to constitutionally protected material. They also criticized the lack of safeguards against privacy violations and misuse of identification data.

The ruling is expected to embolden other states to pass similar laws. Several legislatures, including those in Utah, Louisiana, and Arkansas, have already passed or are considering comparable measures, citing the Texas law as a model.

While the Court emphasized the need to protect children online, free speech advocates argue that the decision erodes digital privacy and expression. With the ruling now law, adult platforms face a stark choice: overhaul their infrastructure to accommodate age-verification systems, or risk fines and legal liability.


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