The U.S. Supreme Court is hearing arguments Wednesday, Jan. 15, in a case over a Texas law that mandates users verify their age on pornographic websites before being able to access material. Opponents of the law say it unconstitutionally infringes on adults’ free speech rights.
They said even though the law is meant to keep kids from accessing sexually explicit content online, it’s vague and “imposes significant burdens on adults’ access to constitutionally protected expression.” Opponents also said it also presents privacy and security concerns because adults are forced to share personally identifying information to access the sites.
The law, signed by Texas Gov. Greg Abbott in 2023, requires porn sites to verify official documentation like government-issued IDs or face large fines. The law says any website that contains “one-third” sexual material is considered a site that requires age verification, though social media sites are exempt.
The Texas law also requires sites to display health notices on their landing page that says viewing pornography is potentially addictive, weakens brain function and is associated with low self-esteem and body image, among other issues.
A U.S. district judge temporarily blocked the law in September 2024, but then the U.S. Fifth Circuit Court of Appeals undid that, saying requiring age verification does not violate the First Amendment.
The Supreme Court’s ruling will impact more than just Texas. Multiple other states have passed laws mandating age-verification for porn sites including Louisiana, Florida, South Carolina and Tennessee.