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Supreme Court Affirms State Power to Enforce Porn Site Age Checks

The 6-3 decision leaves Texas’s law in full effect, paving the way for similar requirements in more than two dozen states.

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Illustration by Valerie Pavilonis. (Photos via DigitalArt/Getty Images; Unsplash)
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Overview

  • The court upheld Texas’s 2023 statute requiring pornographic websites to verify that users are at least 18 by submitting government ID or transactional data, rejecting a First Amendment challenge by the Free Speech Coalition.
  • Justice Clarence Thomas wrote that age-verification falls within states’ traditional authority to shield minors from obscene material without unduly burdening adults’ protected speech.
  • Justices Elena Kagan, Sonia Sotomayor and Ketanji Brown Jackson dissented, arguing the law chills adults’ rights and raises privacy and data-security concerns.
  • The ruling restores enforcement of a law that had been enjoined by a district court, reinstated by the 5th Circuit and now solidified by the Supreme Court.
  • More than 20 Republican-led states have enacted similar measures, and adult sites risk fines or service suspensions unless they implement age-verification systems.