Judge Sides With Porn Sites On Texas Age-Verification Law

Pornographic websites do not need to verify that users are at least 18 years of age before accessing X-rated content online, a federal judge ruled.

U.S. District Court Judge David Alan Ezra on Thursday granted a preliminary injunction in a lawsuit over Texas’ law instituting age-restrictions to access porn sites.

“The Court finds that HB [House Bill] 1181 is unconstitutional on its face. The statute is not narrowly tailored and chills the speech of Plaintiffs and adults who wish to access sexual materials,” Ezra wrote in his ruling.

“The Court agrees that the state has a legitimate goal in protecting children from sexually explicit material online. But that goal, however crucial, does not negate the Court’s burden to ensure that the laws passed in its pursuit comport with established First Amendment doctrine.”

A preliminary injunction means Texas cannot enforce the law while litigation continues.

The law would have allowed the state’s attorney general to impose fines up to $3 million annually on a website with adult content if it did not require visitors to present a digital ID or undergo background checks to establish age.

Gov. Greg Abbott, R-Texas, signed House Bill 1181 in June.

The Free Speech Coalition (FSC) filed the lawsuit, on behalf of Pornhub and other porn websites, Aug. 4.

“This is a huge and important victory against the rising tide of censorship online,” FSC Executive Director Alison Boden said in a statement.

“From the beginning, we have argued that the Texas law, and those like it, are both dangerous and unconstitutional. We’re pleased that the Court agreed with our view that HB1181’s true purpose is not to protect young people, but to prevent Texans from enjoying First Amendment protected expression. The state’s defense of the law was not based in science or technology, but ideology and politics.”

Several states besides Texas recently have adopted age verification laws to keep minors from viewing adult content.

“The ruling rebuffs nearly every argument made by state legislatures, and not only in Texas,” Boden said. “While Texas presented the most straightforward path to securing a ruling like this, the issues are the same whether in Utah, Louisiana or Virginia. Anyone who attempts to bring a case in those jurisdictions faces little hope of success.

“We are thrilled with the decision and thank our co-plaintiffs for joining this battle and defending the industry. We are confident that the law will ultimately be struck down permanently.”

Ezra was nominated in 1987 by then-President Ronald Reagan to a seat on the U.S. District Court for the District of Hawaii.

In January, 2013, Ezra was designated by Chief Justice John Roberts to the Western District of Texas, San Antonio Division.