Supreme Court Affirms Texas Law Requiring Age Verification for Adult Websites
The Supreme Court upheld a Texas law on Friday that aims to limit young people’s access to online pornographic content. In a 6-3 decision, the justices dismissed a challenge by the Free Speech Coalition, a group representing pornography interests.
The coalition argued that the law infringes on adults’ rights to free speech by imposing restrictions on their access to adult content. Under the law, websites hosting adult material must verify users’ ages before granting access.
This verification process involves users presenting a government-issued identification, like a driver’s license. Justice Clarence Thomas, who wrote the majority opinion, stated that the law simply mandates age verification methods already employed by various industries, including adult entertainment.
He emphasized that the law serves the crucial purpose of protecting children from explicit content. The challengers contend that the law violates the First Amendment by imposing a “content-based burden” on adult users’ access to speech.
They referenced a 2004 Supreme Court decision, which deemed a similar federal law, the Child Online Protection Act, likely unconstitutional, arguing it restricted access not just for minors but for adults as well. Previously, a federal judge raised concerns about the law, suggesting it was problematic because it did not solely limit access for minors.
A subsequent ruling from the 5th U.S. Circuit Court of Appeals determined that the law could go into effect while the case was reviewed.
Following this, some online pornography platforms, including Pornhub, restricted access for users in Texas due to potential compliance issues with the new law. In April 2024, the Supreme Court declined to intervene and block the law during the ongoing legal process.