Supreme Court Upholds Texas Age Verification Law for Online Pornography
The Supreme Court's ruling supports Texas' law requiring age verification for pornographic websites, amidst concerns over free speech and privacy rights.
What to know about online age verification laws
Associated Press
SCOTUS backs Texas law requiring porn site age-verification
World News Group
Supreme Court upholds pornography age-verification laws
Washington Examiner
Overview
- The Supreme Court upheld a Texas law mandating age verification for accessing pornography websites to protect minors from explicit content.
- Website owners face civil penalties for non-compliance, while internet service providers and search engines are exempt from these laws.
- Critics argue the law could infringe on free speech and privacy rights, potentially affecting access to non-pornographic content.
- The ruling reflects a broader trend, with many states implementing similar age verification laws to regulate minors' access to explicit material.
- Texas Attorney General Ken Paxton supports the law, viewing it as a victory for child protection, while the ACLU challenges its constitutionality.
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Analysis
Center-leaning sources frame the Supreme Court's decision on Texas' age verification law as a protective measure for minors, emphasizing the law's intent to restrict access to pornography. They acknowledge concerns about privacy and free speech, reflecting a cautious approach to balancing child protection with individual rights.
Websites hosting adult content must verify users' ages to prevent those under 18 from accessing harmful material.
Many states have passed age verification laws to restrict minors' access to adult material, with eighteen states already enforcing such requirements for accessing websites.
Adult websites criticize age verification laws as part of an anti-sex political movement, while internet privacy advocates warn of potential digital security risks.
PornHub, Free Speech Coalition, and adult industry producers challenged a law for violating constitutional rights to free speech.
Pornhub and other online pornography platforms disabled their websites in Texas last year due to concerns about a state law going into effect.
Users must verify their ages through government-issued identification or digital means as required by Texas law.
Activists are concerned that laws could classify non-pornographic LGBTQ information as 'sexual material harmful to minors,' as the term 'harmful to children' is subjective and could encompass a range of sexually suggestive content.
The law is intended to protect children from sexually explicit material.
The law imposes fines of up to $10,000 per violation, which can be increased to $250,000 if a minor accesses sexual material, and mandates health warnings about the risks of pornography.
Over 20 states have passed or implemented laws similar to the one in question.
Articles (23)
Center (11)
"…The Supreme Court's conservative majority decided that the law should be reviewed under the standard of intermediate scrutiny "because it only incidentally burdens the protected speech of adults.""
ARS Technica·4d·"…The majority acknowledged that any age verification requirements "burden" the rights of adults in some measure—whether of the adult distributors (such as the vendor in Ginsberg) who must check patrons' age, or of adult patrons who have to prove their age."
Reason·4d·"…Though heralded by social conservatives, age verification laws have been condemned by adult websites who argue they’re part of a larger anti-sex political movement."
Associated Press·4d·"…The majority's definition of strict scrutiny appears to be slightly narrower but slightly (or maybe even significantly) stronger than the dissent's."
Reason·4d·"…The US Supreme Court has upheld a Texas law that requires users accessing pornography sites to verify their age using a government ID or a face scan."
BBC News·4d·"…The Supreme Court said that the law survives a more heightened form of judicial scrutiny."
CBS News·4d·"…This decision has far-reaching ramifications for internet privacy."
TechCrunch·4d·"…The court agreed with Texas, saying the law "only incidentally burdens the protected speech of adults.""
NPR·4d·"…The law requires users of websites that host adult content to verify their age before they can access it."
NBC News·4d·"…The Supreme Court on Friday upheld a Texas law aimed at blocking children under 18 from seeing online pornography."
Associated Press·4d·"…The majority said Texas' law advances an important interest of shielding children from sexually explicit content and doesn't overly burden adults because it relies on "established methods of providing government-issued identification and sharing transactional data.""
USA TODAY·4d·FAQ
The Texas age verification law mandates that websites with adult content use reasonable measures to verify the age of users to prevent minors from accessing explicit material. The law targets commercial entities hosting sexual content that could be harmful to minors and requires them to implement stricter age verification methods beyond simple self-reported birthdates.
Internet service providers and search engines are exempt from the Texas age verification requirements, meaning they do not have to enforce age checks for accessing pornographic websites.
Critics argue that the Texas age verification law could infringe on free speech and privacy rights by potentially restricting access to non-pornographic content and requiring personal information that may affect users’ privacy.
Website owners who fail to comply with the Texas age verification law face civil penalties, which could include fines or other legal actions to enforce compliance with the age verification requirements.
The Texas law is part of a broader trend in the United States where multiple states are implementing or drafting similar age verification laws aimed at protecting minors from exposure to explicit content online by enforcing stricter access controls on adult websites.
History
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