Texas Attorney General Ken Paxton is currently advocating for a Texas law aimed at shielding children from harmful content in the pornography industry. This law, enacted in 2023 and supported by Governor Greg Abbott, mandates that adult websites must verify users’ identities using government-issued documents, like a driver’s license or ID. If these sites fail to comply with the age verification rules, they could face fines.
Some adult websites, organized under the Free Speech Coalition, argue that this law infringes upon their First Amendment rights and complicates access for adults in Texas.
In a bold response to the Fifth Circuit Court of Appeals upholding the law, Pornhub, the most visited adult site in the U.S., restricted access for all Texas users. The matter has now reached the U.S. Supreme Court, where both sides presented their arguments this past Wednesday.
The justices have shown a degree of agreement with Paxton’s stance that states have a strong interest in preventing minors from accessing adult content. However, some concerns were raised regarding whether the Texas law might be too broad, potentially impacting free speech in other domains.
The central question for the Supreme Court revolves around the appropriate level of scrutiny the Texas law should receive—whether a “rational basis” or “strict scrutiny” approach applies. The latter would necessitate that Texas meets very specific standards to justify the age verification requirement effectively.
A ruling from the Supreme Court could have broader implications beyond Texas, affecting similar laws in over a dozen other states that also seek to enforce age verification on adult websites.
Paxton remains hopeful that the court will support Texas’ initiative. He expressed confidence after the hearing, stating, “I feel very optimistic, I think we’re going to win this… Most of the justices are going to come down on the right side.”
He acknowledged the opposing arguments accepting the need to protect minors but criticized their alternative suggestions, stating they are ineffective and motivated by business interests rather than genuine concern for child safety.
Addressing concerns about potential free speech violations, Paxton reaffirmed his commitment to free speech while emphasizing the importance of protecting children from inappropriate material. He noted that society historically places various restrictions on minors, such as limitations on drinking, smoking, and entering contracts. “It’s my job to enforce Texas law,” he asserted, reinforcing his role in safeguarding children from harmful content.
