5th Circuit Upholds Texas Age Verification Law, Strikes Down 'Health Warnings'

5th Circuit Upholds Texas Age Verification Law, Strikes Down 'Health Warnings'

AUSTIN, Texas — In a mixed decision, the United States Court of Appeals for the 5th Circuit has ruled on Texas’ controversial age verification law, overturning a lower court’s injunction against enforcement, but striking down the provision that mandated that adult websites post a “health warning” perpetuating religious anti-porn propaganda myths.

The opinion was penned by Judge Jerry E. Smith, who stated that the law “doesn’t violate the First Amendment because it serves the government’s ‘legitimate interest’ of keeping children from viewing porn,” Bloomberg Law reported.

In a partial dissent, Judge Patrick E. Higginbotham argued that the law “would also restrict speech that is constitutionally protected for adults — like romance novels, scenes from the popular TV show ‘Game of Thrones,’ and Marlon Brando movies,” Bloomberg Law reported.

“Such action ‘is to burn the house to roast the pig,’” Higginbotham wrote.

The Texas law (HB 1181) requires companies distributing “harmful” and “obscene” material on the internet to verify each user’s age, and carries a fine of $10,000 per violation. Attorney General Ken Paxton began enforcing the law in February, bringing a $1.6 million lawsuit against Aylo, the company that owns PornHub.

In overturning the preliminary injunction, the 5th Circuit signaled that the case brought by the Free Speech Coalition, which represents the adult industry, is not likely to succeed on the merits.

The FSC released a statement citing Higginbotham’s dissent.

“We disagree strenuously with the analysis of the Court majority,” the FSC statement reads. “As the dissenting opinion by Judge Higginbotham makes clear, this ruling violates decades of precedent from the Supreme Court: ‘[T]he Supreme Court has unswervingly applied strict scrutiny to content-based regulations that limit adults’ access to protected speech.’ In the case of HB 1181, ‘the law must face strict scrutiny review because it limits adults’ access to protected speech using a content-based distinction — whether that speech is harmful to minors.’”

The 5th Circuit “kept the district court’s injunction over the health disclaimers intact, saying the required messages unconstitutionally forced speech,” Bloomberg Law reported.

Copyright © 2024 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Opinion: Why Device-Based Age Verification is the Key to Protecting Minors Online

Across the United States, state legislators on both sides of the aisle have attempted to tackle the crucial goal of preventing minors from accessing adult content.

TMZ: VMG's Mike Moz in Talks About 'Potential Collab' With Yeezy

Vixen Media Group’s Mike Moz told TMZ on Friday that the company has been discussing a potential collaboration with Kanye West’s brand Yeezy.

Age Verification: FSC's Mike Stabile Reports from the Front Lines

Two years into the religiously-inspired crusade to ban free access to adult material in the U.S. through carefully drafted "age verification" legislation, the constant onslaught of state-by-state proposals and laws — many of them copied from each other — can be hard to follow.

Written Erotica Platform 'Hevvn' Launches

Hevvn, a new platform aimed at erotica writers seeking to publish, promote and profit from their work, debuted Thursday.

Sssh.com's Angie Rowntree Speaks at Brown University

Sssh.com founder Angie Rowntree spoke at a Brown University class last week, discussing several topics related to adult filmmaking.

Online Industry Veteran Joe E. Passes Away

Online industry veteran Joe E has passed away, according to friends and industry associates.

Judge Acquits Backpage Defendants of Most Charges Before 2nd Retrial

A federal judge acquitted former co-owner of Backpage.com Michael Lacey and two co-defendants on most of the counts remaining from the protracted trial launched against the website operators by the Justice Department in 2018.

Adult Time Partners With Animation Studio 3DGspot

Adult Time has signed a deal to stream content from animation studio 3DGspot.

Georgia Gov. Brian Kemp Signs Age Verification Bill Into Law

Republican Gov. Brian Kemp this week signed into law a bill that includes provisions requiring age verification for viewing adult content in Georgia, mirroring legislation being sponsored around the country by anti-porn religious conservative activists.

AEBN Publishes Popular Searches by Country for February, March

AEBN has released the popular searches from its straight and gay theaters in more than three dozen countries during February and March.

Show More