A trade group representing the adult entertainment sector has petitioned the Supreme Court to halt the implementation of a Texas law mandating age verification for users accessing adult websites, The Hill reported.
The move comes amidst claims that the legislation infringes upon the industry's First Amendment rights.
In a filing made on Friday, the Free Speech Coalition, representing adult film interests, urged the Supreme Court to suspend the law's enforcement. At the same time, justices deliberate on whether to undertake a comprehensive review of the statute.
Under Texas law, adult websites are obligated to verify that users within the state are at least 18 years old before granting access to explicit content, citing concerns over the potential harm such material may pose. However, the Free Speech Coalition contends that such age-verification measures are "ineffective and unconstitutional."
"Though it purportedly seeks to limit minors' access to online sexual content, the law, in fact, imposes significant burdens on adults' access to constitutionally protected expression, requiring them to provide personal identifying information online to access sensitive, intimate content," stated ACLU attorney Vera Eidelman in support of the legal challenge.
The ACLU, backing the lawsuit, argues that the Texas law would unduly restrict "free speech online."
The legal skirmish originated from a district court ruling in September deeming the law unconstitutional. However, a subsequent appeals court decision overturned this verdict, prompting the Supreme Court appeal.
Texas Republican AG Ken Paxton previously sued adult entertainment giant Aylo, owner of popular websites like Pornhub, for non-compliance with the law. Following the appeals court ruling, Aylo opted to block access to its Pornhub platform in Texas.
The plaintiffs cite historical legal precedent, including a 1997 Supreme Court case on internet pornography, to bolster their argument against the Texas law.
In Reno v. American Civil Liberties Union, 521 U.S. 844 (1997), the Supreme Court unanimously held that the 1996 Communications Decency Act (CDA) was an unconstitutional, content-based restriction of First Amendment free speech rights.
The court has instructed Texas to respond to the request for a postponement by April 26.
The legal tussle in Texas reflects a broader trend across the United States. At least eight other states, including Kansas, Arkansas, and Virginia, have implemented similar age-verification laws since 2022.
According to The Associated Press, lawmakers in over 20 additional states have introduced proposals to regulate online adult content.
Jim Thomas ✉
Jim Thomas is a writer based in Indiana. He holds a bachelor's degree in Political Science, a law degree from U.I.C. Law School, and has practiced law for more than 20 years.
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