The United States Supreme Court will allow Texas to continue enforcing a law that requires age verification when accessing adult websites. The Supreme Court issued a one-sentence order on April 30 without comment or public dissent. Opponents of the law argue that it violates free speech and infringes on user privacy.
The law, enacted in 2023, mandates that commercial entities must use reasonable age verification methods when intentionally publishing or distributing over one-third harmful sexual content to minors on any internet website, including social media platforms.
Furthermore, the law requires adult websites to display multiple “health warnings” in font size 14 or larger on their landing pages. One mandatory warning states that adult content may be biologically addictive and harmful to human brain development and function, potentially leading to various emotional and psychological disorders.
Another warning addresses issues related to self-esteem, body image, eating disorders, and brain development, linking adult content to negative impacts on mental health.
A third warning highlights the potential increase in demand for prostitution, child exploitation, and child pornography due to adult content consumption.
The Free Speech Alliance of the adult entertainment industry filed a lawsuit against Texas Attorney General Ken Paxton in September 2023, alleging that the law violated the First Amendment and privacy rights. They contended that the law failed to curb adult content on social media or search engines, where such content is prolific.
While the Fifth Circuit Court of Appeals issued a unanimous opinion upholding the preliminary injunction against Texas requiring adult sites to display “health warnings,” they also lifted the ban on age verification in a 2-1 decision.
The law went into effect on September 19, 2023. Attorney General Ken Paxton sued the owner of the adult website Pornhub, previously known as MindGeek, for violating the law. In a lawsuit filed in February in Travis County Court, they sought civil penalties up to $10,000 per day from Pornhub starting from the law’s effective date.
Following the legal action, Pornhub, a Montreal-based adult site self-titled as the “world’s leading free adult website,” ceased operations in Texas. They attributed this decision to the age verification requirements imposed by Texas, which they deemed as infringing on adult users’ rights and failing to effectively protect minors.
In celebrating the victory, Texas Attorney General Ken Paxton took to social media and stated that websites like Pornhub were fleeing due to Texas’ efforts to prevent the display of harmful and obscene content to children. He emphasized the state’s commitment to holding companies accountable for exposing minors to adult content and encouraged non-compliant parties to leave.
However, the selective approach in protecting privacy rights seems evident, as illustrated by a case in Canada where a woman sued after her ex-boyfriend uploaded her intimate videos on Pornhub and other sites operated by MindGeek without her consent. Authorities concluded that the company violated Canadian federal privacy laws.
Mike Stabile, the Public Affairs Director of the Free Speech Alliance, cautioned that age verification on adult sites is easier to bypass than filters, noting that minors are adept at circumventing restrictions.
Despite laws like the one in Texas potentially preventing access to specific websites like Pornhub, Stabile highlighted the vastness of the internet, making it challenging to effectively restrict adult content access—citing platforms like Reddit and Twitter, which continue to feature adult content despite age verification laws.
Stabile raised concerns about the risks posed to adults’ privacy and security, with individuals potentially turning to illicit and pirated sites for content rather than complying with age verification requirements, inadvertently redirecting traffic to riskier platforms. He underscored the importance of safeguarding against government surveillance, pointing to authoritarian regimes’ practices of limiting internet access without identification verification.
Stabile emphasized that while efforts to shield children from adult content are necessary, current laws lack efficacy and inadvertently expose adults to heightened risks. Addressing the prevalence of online scams, including sexual extortion tactics, Stabile urged vigilance against such threats.
Notably, Kansas recently enacted a law akin to Texas’, with Governor Laura Kelly opting not to veto the bill despite concerns about its ambiguous application and potential constitutional infringements. States like Arkansas, Indiana, Louisiana, Mississippi, Montana, Utah, and Virginia have also passed similar laws, reflecting a broader trend of legislation targeting adult content access.