breaking news:Texas age-verification law for pornography websites is going to the Supreme Court
Texas will be the main battleground for a case about porn websites that is now headed to the Supreme Court. The Free Speech Coalition, a nonprofit group that represents the adult industry, petitioned the top court in April to review a state law that requires websites with explicit material to collect proof of users’ ages. SCOTUS today agreed to take on the case challenging a previous ruling by the US Court of Appeals for the 5th Circuit as a part of its next term beginning in October.
Texas was one of many states over the last year to pass this type of age-verification legislation aimed at porn websites. While supporters of these bills have said they are intended to protect minors from seeing inappropriate content, their critics have called the laws an overreach that could create new privacy risks. In response to the laws, Pornhub ended its operation in those states, a move that attracted public attention to the situation.
“While purportedly seeking to limit minors’ access to online sexual content, the Act imposes significant burdens on adults’ access to constitutionally protected expression,” the FSC petition says. “Of central relevance here, it requires every user, including adults, to submit personally identifying information to access sensitive, intimate content over a medium — the internet — that poses unique security and privacy concerns.”
This case is one of the latest First Amendment rights questions to go before the Supreme Court. Earlier this month, the court remanded a case about social media content moderation back to lower courts and passed judgment on how closely social media companies can engage with federal officials about misinformation.
Two state laws that could upend the way social media companies handle content moderation are still in limbo after a Supreme Court ruling sent the challenges back to lower courts, vacating previous rulings. In a 9 – 0 decision in Moody v. NetChoice and NetChoice v. Paxton, the Supreme Court said that earlier rulings in lower courts had not properly evaluated the laws’ impact on the First Amendment.
The cases stem from two state laws, from Texas and Florida, which tried to impose restrictions on social media companies’ ability to moderate content. The Texas law, passed in 2021, allows users to sue large social media companies over alleged “censorship” of their political views. The Supreme Court suspended the law in 2022 following a legal challenge. Meanwhile, the Florida measure, also passed in 2021, attempted to impose fines on social media companies for banning politicians. That law has also been on hold pending legal challeng
