BY Benjamin ClarkJune 29, 2025
8 months ago
BY 
 | June 29, 2025
8 months ago

Supreme Court upholds Texas law on porn ID checks

The U.S. Supreme Court delivered a major decision Monday backing Texas's law requiring age verification on pornography websites, marking a turning point in online content regulation.

The 6-3 ruling affirms that Texas's 2023 law mandating proof-of-age measures on adult sites is constitutionally valid, paving the way for broader state-led efforts to restrict minors' access to explicit online materials, The Christian Post reported.

In the case Free Speech Coalition et al. v. Paxton, Attorney General of Texas, the Supreme Court ruled that the state's age verification law does not violate First Amendment protections. Justice Clarence Thomas authored the opinion for the majority, joined by Chief Justice John Roberts and Justices Samuel Alito, Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett.

The Texas law, known as House Bill 1181, was signed in June 2023 by Gov. Greg Abbott. It requires pornography websites to implement "reasonable age verification" systems and imposes daily fines of up to $10,000 on platforms that fail to comply.

Justice Thomas wrote that the law was a valid use of state authority aimed at safeguarding children from content considered obscene for their age group. He emphasized that no individual, whether minor or adult, has a constitutional right to access obscene material without verifying their age through lawful means.

Legal battle spanned state, federal courts

The Free Speech Coalition, an industry advocacy group, filed a legal challenge against Texas Attorney General Ken Paxton, arguing the law limited free speech and unduly harmed adult users. After a lower court blocked the law, the U.S. Court of Appeals for the 5th Circuit reversed the decision in March 2024.

The 5th Circuit ruling, delivered by Circuit Judge Jerry E. Smith, applied rational-basis review to uphold the law. Smith found the legislation to be reasonably connected to a legitimate government interest, citing documented harms associated with children's access to adult material.

By April 2024, the Supreme Court declined to temporarily block enforcement while legal proceedings were pending, signaling the Court’s willingness to review the law on its merits without delay. Monday’s decision now cements the legality of Texas's enforcement framework.

Dissent raises free speech concerns

Justice Elena Kagan issued a dissenting opinion, joined by Justices Sonia Sotomayor and Ketanji Brown Jackson. She argued that the Texas law amounts to direct regulation of speech content and imposes a burden on law-abiding adults wishing to access lawful material.

“The statute as well impedes adults' access to that speech, which the First Amendment protects,” Kagan wrote. She added that targeting websites based on their content required the Court to apply strict scrutiny — a standard the majority did not adopt.

Industry players reacted sharply. Pornhub, which had already blocked access to users in Texas after the law’s passage, described the ruling as ineffective and dangerous. The company cited privacy and enforcement issues, claiming the law forced users to choose between risking data security and forgoing access to legal content.

Growing trend in state-level laws

The Court’s decision comes as state legislatures nationwide increasingly pursue similar age-verification policies. According to the Age Verification Providers Association, 24 states have adopted laws like Texas' since 2023, following Louisiana’s lead.

Texas was among the earliest to enact such legislation. Lawmakers said it was necessary to protect children from harmful media available online, often without guardrails or accountability for content providers.

Supporters of the ruling include faith-based and anti-exploitation organizations. Brent Leatherwood of the Ethics and Religious Liberty Commission called the decision the bare minimum for safeguarding younger generations from what he described as a "predatory and dehumanizing industry."

Advocates call for broader implementation

Dani Pinter of the National Center on Sexual Exploitation praised the Court’s outcome for setting a precedent that empowers future legislative efforts. She noted that laws like Texas's give states a constitutional pathway to limit children's exposure to adult content online.

Leatherwood urged policymakers to take initiative beyond Texas. “Upholding this law opens an avenue for other states and the federal government to develop smart policies that create a healthier online environment,” he said, emphasizing the need for urgency.

Justice Thomas cited previous Supreme Court precedents recognizing the right of states to enact stronger protections for minors. He wrote that obscenity laws restricting access to minors have long been upheld as permissible where content appears harmful to youth but is legal for adults.

Implications for digital privacy and law

Critics warn that routine ID checks on adult websites may deter lawful usage and chill free expression online. Others are concerned about data privacy risks tied to storing or verifying personal identification information.

Pornhub said that the ruling put platforms in an unfair position, calling enforced compliance unscalable. “Attempting to mandate age verification without any means to enforce at scale gives platforms the choice to comply or not,” a spokesperson said.

For now, the decision allows Texas to continue enforcing HB 1181 and may influence ongoing court challenges to similar laws in other jurisdictions. While factions on both sides remain deeply divided, the Court’s ruling cements a major shift in online content regulation policies moving forward.

Written by: Benjamin Clark
Benjamin Clark delivers clear, concise reporting on today’s biggest political stories.

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