Mohan Sinha
03 Jul 2025, 12:10 GMT+10
WASHINGTON, D.C.: In a significant ruling last week, the U.S. Supreme Court upheld a Texas law requiring age verification for users accessing online pornography. The 6-3 decision, split along ideological lines, affirms similar laws passed in nearly half of U.S. states, all aimed at shielding minors from explicit content as smartphones and other devices make access to such material easier than ever.
The ruling marks a setback for the Free Speech Coalition, an adult entertainment industry group that had challenged the law. Writing for the majority, Justice Clarence Thomas argued the law does not violate adults' free speech rights, noting, "Adults have no First Amendment right to avoid age verification."
In a dissenting opinion, Justice Elena Kagan warned that the Court should have applied stricter legal scrutiny. "I would demand Texas show more, to ensure it is not undervaluing the interest in free expression," she wrote, expressing concern that adult rights were being overly restricted in the name of child protection.
The decision has already had practical consequences. Pornhub, one of the world's most visited websites, has ceased operations in Texas and other states with similar laws, citing concerns over technical feasibility and user privacy. The law applies to websites with a substantial portion of sexual content but does not extend to search engines or social media platforms that may link to such material.
Texas Attorney General Ken Paxton welcomed the ruling, declaring it a victory for child protection. "Companies have no right to expose children to pornography," he said, emphasizing the importance of age verification.
Supporters of the law, including groups like the National Center on Sexual Exploitation, say it could serve as a model for other states aiming to keep children away from pornography. Rania Mankarious, a mother of three and CEO of Crime Stoppers of Houston, commented, "There has to be a gatekeeper somewhere when it comes to exposure. While nothing is foolproof, we're thankful to see something being done."
However, privacy and digital rights advocates expressed deep concern. Alison Boden, executive director of the Free Speech Coalition, called the ruling "disastrous," warning of a "massive chilling effect" on adult access to legal content. She also noted that minors can still bypass restrictions and find sexual material online.
Samir Jain of the Center for Democracy & Technology echoed these concerns, stating that mandatory age verification risks violating privacy and freedom of expression. "The Court's decision overturns decades of precedent and could drastically limit access to protected speech online for both adults and children," he said.
Texas contended that modern technology, including facial recognition and digital ID checks, makes age verification no more invasive than presenting identification at a physical adult store—a practice upheld by the Court in the 1960s.
Though district courts initially blocked the law in Texas, Indiana, and Tennessee, appeals courts later allowed it to take effect. With this latest ruling, more states may now follow suit.
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