Texas has filed a brief with the Supreme Court of the United States (SCOTUS), requesting it uphold a state law requiring pornography websites to implement age verification measures to shield minors from explicit material. SCOTUS will hear arguments on the matter on January 15, 2025.
The law in question, House Bill (HB) 1181, passed in 2023, mandates sites hosting “sexual material harmful to minors” verify users’ identities via government-issued identification or a third-party system, under threat of penalties. Texas Attorney General Ken Paxton has defended the law against opposition from major pornography companies, including Pornhub, and the Free Speech Coalition (FSC), which argue it violates the First Amendment.
Initially blocked by U.S. District Judge David Alan Ezra, HB 1181 was reinstated by the 5th Circuit Court of Appeals, prompting the FSC to appeal to SCOTUS. The FSC criticized the law for requiring users to share sensitive personal information, calling the approach “ineffective, unsafe, and unconstitutional.”
Texas officials, joined by conservative advocacy groups and lawmakers, countered in their brief that age verification is a “commercially reasonable” measure to protect children. Paxton emphasized the state’s commitment to shielding minors, stating, “These companies do not have a right to expose children to pornography.”
HB 1181, authored by Rep. Matt Shaheen and sponsored by Sen. Angela Paxton, passed overwhelmingly in the Texas legislature. Its enforcement has already led some companies to cease operations in the state.
