The U.S. Supreme Court has agreed to review a Texas law that mandates age verification for users accessing pornographic websites. This announcement follows a list of orders released today, which includes a petition for certiorari filed by the Free Speech Coalition, an adult-industry lobby group.
Earlier this year, the United States Court of Appeals for the Fifth Circuit upheld the law in a 2-1 decision, allowing its enforcement while litigation continues. The majority opinion declared that the age-verification requirement is “rationally related to the government\\’s legitimate interest” in restricting minors’ access to pornography, aligning with the First Amendment. However, Judge Patrick Higginbotham dissented, arguing that the law should have been subjected to the more rigorous “strict scrutiny” standard, traditionally applied to content-based regulations limiting adult access to protected speech.
Notably, the Fifth Circuit’s ruling did strike down a provision mandating health warnings about pornography, deeming it an unconstitutional compulsion of speech. Despite this partial victory for opponents of the law, the age-verification requirement remains in effect. In April, the Supreme Court declined to temporarily block the law, paving the way for its continued enforcement.
In response to the law, pornographic website Pornhub disabled their services in Texas after the Fifth Circuit’s ruling—an action replicated in other states with similar age-verification laws. The Texas statute, effective from September 2023, mandates that websites containing more than one-third “sexual material harmful to minors” employ “reasonable age verification methods” to ensure only adult access to such content.
The Free Speech Coalition’s petition for certiorari highlights the Supreme Court’s historical stance—that while states may restrict minors’ access to sexual materials, such restrictions on adults must endure strict scrutiny to satisfy First Amendment protections. The petition underscores the significant burdens placed on adults’ access to constitutionally protected expressions due to enforced age-verification procedures, which necessitate providing personally identifying information, leading to security and privacy concerns.
The Supreme Court’s decision to hear this case underscores the ongoing judicial debate on balancing First Amendment rights with the state’s interest in protecting minors from explicit content. For further information, visit the full article on Ars Technica.