Texas AG petitions SCOTUS to uphold state law mandating age verification for porn sites

Washington, D.C. Newsroom, Nov 27, 2024 / 16:20 pm (CNA).

Texas Attorney General Ken Paxton has filed a petition to the U.S. Supreme Court calling on the justices to uphold a state law that requires porn websites to verify the age of their users. 

According to a Nov. 26 press release, Paxton has filed a brief with SCOTUS asking that it uphold House Bill 1181, a Texas law that requires online pornography companies to implement “reasonable age verification measures to safeguard children from obscene online material.” 

“Let me put this simply: these companies do not have a right to expose children to pornography,” Paxton stated in the release. “Texas has a clear interest in protecting children, and we have been successful defending this commonsense age verification law against a powerful global industry.”  

Without age verification, Paxton’s brief points out, widespread availability of smartphones and other devices gives children “instantaneous access to unlimited amounts of hardcore pornography—including graphic depictions of rape, strangulation, bestiality, and necrophilia.”

“Like ‘doomscrolling’ on social media, online pornographers use sophisticated algorithms to keep adults who have greater maturity than children on their sites,” the brief states, describing widespread child access to pornographic content as a “public health crisis.’” 

The brief cites multiple studies which have found childhood exposure to pornography has led to increased likelihoods of mental illnesses such as anxiety, depression, and body dysmorphia, as well as increased chances of using tobacco, alcohol, and drugs. 

Children who are exposed to pornography were also found to be at an increased risk of “behavioral problems.” Critics have pointed out that much of the content that pervades pornographic websites contains sexual violence, including involving minors.

The document also points out that age verification measures have become a widespread practice for a variety of online services such as gambling or tobacco purchasing, and do not pose a demonstrable threat to constitutional rights. 

Countries around the world such as France, Germany, and the United Kingdom currently require online porn sites to use age verification measures. 

Porn industry has challenged laws

When HB 1181 first passed in 2023, several online pornography companies, including Pornhub, filed a lawsuit alleging the mandate violated their First Amendment rights.

After lower courts ruled that the law did not violate the First Amendment, the companies appealed the decision to the Supreme Court. Earlier this year, SCOTUS denied a request by the Free Speech Coalition, which includes a porn trade association and several pornography creators, to issue a stay on the law during legal proceedings. 

Paxton has been aggressive in his efforts to enforce the law, filing multiple lawsuits against porngraphy companies as litigation continues. 

Texas currently issues fines of up to $10,000 per day that a company fails to comply with age verification requirements, an additional $10,000 per day “if the corporation illegally retains identifying information,” and $250,000 if a child is found to have been exposed to pornographic content due to lack of age verification. 

“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,” Paxton noted. Pornhub made headlines in March of this year after it opted to disable its website in the state instead of adopting age verification practices.

 “Good riddance,” Paxton added. 

Amicus briefs submitted in support of Paxton’s efforts include a coalition of two dozen state attorneys general, 60 lawmakers from 15 states, and over 20 U.S. congressmen and senators, as well as health organizations such as the Foundation for Addiction Research

“Texas has a right to protect its children from the detrimental effects of pornographic content,” Paxton said. “As new technology makes harmful content more accessible than ever, we must make every effort to defend those who are most vulnerable.”

Texas is currently slated to argue its case before the nation’s highest court on Jan. 15.

Source: https://www.catholicnewsagency.com/news/260742/texas-ag-petitions-scotus-to-uphold-state-law-mandating-age-verification-for-porn-sites