Supreme Court expected to rule on Texas porn age verification law

WASHINGTON (KXAN) - The Supreme Court is expected to rule in the coming days on whether Texas can require pornographic websites to verify users' ages, a case that could reshape online speech protections and affect similar laws in more than 20 states.

The justices heard arguments in January over Texas House Bill 1181, which requires websites with content "harmful to minors" to check government-issued IDs before allowing access. The law carries fines up to $10,000 per violation, rising to $250,000 if minors are involved.

At the heart of Free Speech Coalition v. Paxton is a fundamental constitutional question: What legal standard should courts use when evaluating laws that restrict adults' access to protected speech in the name of protecting children?

The adult entertainment industry argues the law violates the First Amendment by burdening adults' access to legal content and eliminating their anonymity online. Texas counters that age verification is a reasonable way to protect minors, similar to laws preventing alcohol sales to children.

The case has already had real-world impact. Pornhub, one of the world's most popular adult sites, blocked Texas users rather than comply with the identification requirements.

A federal judge initially blocked the law, but the 5th U.S. Circuit Court of Appeals allowed the age verification portion to take effect. The appeals court applied "rational basis review," the most lenient constitutional standard, reasoning that laws protecting children need only be reasonable.

Texas Attorney General Ken Paxton defended the law as protecting children. "We are not going to lose," Paxton told reporters in January. "We are going to have the right to enforce this."

The Free Speech Coalition, a trade association for the adult industry, appealed to the Supreme Court, arguing that courts should apply "strict scrutiny" — the most demanding standard — because the law restricts content-based speech.

The group points to the court's 2004 decision in Ashcroft v. ACLU, where justices struck down a federal law requiring age verification for websites with content "harmful to children."

The decision will affect similar age verification laws enacted in states including Louisiana, Utah, Virginia and Arkansas. By one count, 23 states passed such measures in 2023 and 2024.

Civil liberties groups warn the laws expose adults to privacy risks and could set precedent for broader internet restrictions. Child safety advocates support the measures as necessary protections in the digital age.

The Court will be issuing opinions throughout the month of June, before their summer recess. The next term for the Supreme Court starts in October.