Supreme Court to Hear Challenge to Texas' Age-Verification Law

The US Supreme Court said Tuesday that it will hear arguments challenging a Texas law requiring sites hosting adult content to verify visitors' ages.

Under HB 1181, any site with content that's more than a third sexual in a nature must verify that its users are over 18. That may include having them upload an image of their government-issued ID, which opponents say violates constitutional free speech protections.

In August 2023, a judge blocked Texas from enforcing the law, a decision that was later reversed on appeal. In April, the Supreme Court rejected an emergency appeal to suspend Texas' age-verification law. But today it agreed to hear the case, though that won't happen until the next term, which begins in October, Reuters reports.

The Free Speech Coalition and plaintiffs represented by ACLU argue that in checking age against personal documents, these adult sites are building databases of people who access pornography, something their users may not want public in the event of a data breach. So, while children would arguably be "safer" because they'd be unable to access the sites, opponents say safety comes at the cost of privacy for adults.

Texas says the law is no different than asking for age verification when purchasing a magazine at a newsstand. "As new technology makes harmful content more accessible than ever, we must make every effort to defend those who are most vulnerable," Texas Attorney General Ken Paxton said in November after winning the appeal.

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Alison Boden, executive director of the Free Speech Coalition, said today that the online age verification "process is invasive and burdensome, with significant privacy risks for adult consumers. Sexual expression is the canary in the coal mine of free speech, and we look forward to defending the rights of all Americans to access the internet privately and free from surveillance.”

Texas is one of several states that have imposed age-verification laws, prompting Pornhub to block access in those states. In many cases, a VPN can help you get around that.