Supreme Court Reviews Texas Age Verification Law for Adult Websites
An industry association has contended that the law warrants more rigorous examination under the First Amendment.
The Supreme Court is set to hear oral arguments on January 15 regarding a Texas mandate for age verification on pornographic websites and its consequences for the First Amendment.
This case, referred to as Free Speech Coalition v. Paxton, originated from the U.S. Court of Appeals for the Fifth Circuit, which upheld the Texas regulation in March 2024.
The Fifth Circuit determined that the age verification law was logically connected to the state’s objective of safeguarding minors from pornography. In its decision, it stated that the state was required to meet a lower standard of review, known as rational basis, within the context of the First Amendment.
Conversely, Free Speech Coalition disputed this and informed the Supreme Court that in accordance with existing precedent, the legislation ought to face a stricter level of review, termed strict scrutiny, which obliges the government to demonstrate that its law addresses a compelling interest and does so in the least restrictive manner.
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The coalition and other organizations have characterized the law as infringing upon the First Amendment by restricting adults’ access to a form of expression. They argue that the requirement to provide personally identifiable information for age verification “raises distinct security and privacy issues.”
A federal judge in the Western District of Texas had placed an injunction against the law, arguing that filters or parental controls would be more effective in preventing minors from accessing pornographic material without imposing significant burdens on free speech. Judge David Ezra pointed out that “age verification is only effective as far as the state’s jurisdiction extends.”
“This is particularly concerning for Texas because, based on the parties in this case alone, foreign websites comprise some of the largest pornographic sites worldwide,” Ezra remarked.
However, critics like Ethics and Public Policy Center (EPPC) associate Brad Littlejohn have expressed that filters alone are inadequate, suggesting on January 14 that age verification should be added as an extra measure to restrict minors’ access to pornographic content.
“Filters are necessary, but the layer of age verification should also be incorporated, as filters alone [are] insufficient,” he commented during a press conference at the National Center for Sexual Exploitation.
