Attorney General Asks Supreme Court to Uphold Texas Age-Verification Law for Pornography Sites
Texas Attorney General Ken Paxton has filed a brief with the Supreme Court of the United States (SCOTUS) urging it to uphold House Bill 1181, a Texas law requiring online pornography distributors to implement age-verification measures to protect children from obscene material. The Supreme Court is scheduled to hear arguments on the case on January 15, 2025.
The legislation, passed in 2023, mandates that pornography companies verify users’ ages before granting access to their websites. Several companies sued to block the law, claiming it violates the First Amendment. However, in a significant victory for the state, the U.S. Court of Appeals for the Fifth Circuit ruled in favor of Texas, allowing the law to be enforced while litigation continues.
“Let me put this simply: these companies do not have a right to expose children to pornography,” said Attorney General Paxton. “Texas has a clear interest in protecting children, and we have been successful defending this commonsense age verification law against a powerful global industry. Several of these companies, when faced with a choice between protecting children from pornography and complying with Texas law, have stopped doing business in Texas. Good riddance.”
Support for the law has grown among parents, who argue that children are often inadvertently exposed to explicit material. Many adult websites operate “tube” platforms that display explicit videos directly on their home pages without any protective cover screen. Critics claim this lack of safeguards robs minors of their innocence if they accidentally access these sites.
Parents have pointed out that online casino and gambling sites already enforce strict age-verification measures, such as requiring users to upload a driver’s license, passport, or another photo ID. They argue that simply entering credit card information is insufficient, as it does not provide proof of age. These stronger measures are seen as essential in preventing minors from being exposed to harmful content.
Numerous organizations, lawmakers, and medical experts have also submitted amicus briefs in favor of the Texas law, including a coalition of two dozen state attorneys general, over 60 lawmakers from 15 states, and organizations like the Foundation for Addiction Research. They have emphasized the harmful psychological and social effects pornography can have on children.
The law has already led to consequences for non-compliance. Aylo Global Entertainment, which operates Pornhub, shut down its site in Texas rather than adhere to the law. Companies that violate HB 1181 face fines of up to $10,000 per day, additional penalties for retaining identifying information without permission, and up to $250,000 if a child is exposed to pornography due to a failure to verify user ages.
Attorney General Paxton emphasized the broader support for the law, stating, “I look forward to making our case at the Supreme Court of the United States.”
