Texas Interim Attorney General Argues All Adult Content is 'Obscene,' Not Protected by 1st Amendment

Texas Interim Attorney General Argues All Adult Content is 'Obscene,' Not Protected by 1st Amendment

AUSTIN — Texas’ interim attorney general, Angela Colmenero, on Tuesday issued a response to the Free Speech Coalition (FSC) lawsuit against the state’s controversial age verification law, contending that adult content is “obscene” and therefore not entitled to First Amendment protections.

As XBIZ reported, the Republican-authored HB 1181 was passed by the Texas legislature with bipartisan support in May and will go into effect September 1.

The new Texas age verification law — part of a state-by-state campaign by religious conservatives and anti-porn activists to outlaw all sexual material online — compels adult websites to post pseudoscientific anti-porn propaganda disclaimers declaring that “pornography is potentially biologically addictive, is proven to harm human brain development, desensitizes brain reward circuits, increases conditioned responses and weakens brain function.”

Earlier this month, FSC filed a legal challenge in Texas over HB 1181, with an array of adult platforms and workers joining as co-plaintiffs.

In her reply to the lawsuit, Colmenero argued that HB 1181 does not violate the plaintiffs’ constitutional rights “because the material is obscene, and some of the plaintiffs are foreign companies,” Austin NBC news station KXAN reported.

Colmenero’s line of argument is consistent with the strategy of the anti-porn crusaders behind the bill, many of whom have publicly acknowledged that the real purpose of these state-by-state “age verification” bills is to reinstate obscenity prosecutions of all adult content at the federal level.

“Porn is absolutely terrible for our kids,” Colmenero wrote. “They are ‘particularly susceptible’ to porn because their brains are underdeveloped. Our kids may be more likely to emulate what they see in porn, even if it involves violence or coercion.”

Colmenero argued that the law is constitutional because it is a First Amendment case, and she considers all affected adult content “obscene” and therefore not protected under the First Amendment.

Industry attorney and noted First Amendment expert Lawrence Walters, of the Walters Law Group, told XBIZ that Colmenero's response "invites the district court to revisit the Supreme Court’s established and binding decision in Miller v. California, and goes on to suggest that modern adult content 'is obscene' and therefore not deserving of First Amendment protection."

The state’s response, Walters added, also disregards "clear legal precedent" declaring similar age verification and forced speech laws unconstitutional.

Colmenero's arguments, he concluded, "are meritless and dangerous to established free speech jurisprudence.”

The Revolving Door of the Texas AG Office 

Colmenero is the second interim AG appointed by Republican Gov. Greg Abbott to serve in place of Texas AG Ken Paxton, who was suspended in May after being impeached, with bipartisan support, by the Republican-controlled state House. Prior to her appointment last month, Colmenero served as Abbott's deputy chief of staff. The former interim AG, Abbott's erstwhile secretary of state, John Scott, left the position after seven weeks when he came under scrutiny for his role in a controversial lawsuit.

Attorneys for the FSC and the other plaintiffs immediately filed a reply to Colmenero, arguing her response “concedes dispositive points, such as the absence of any satisfactory justification for discouraging consumption of adult content by adults, which the State neither denies is a statutory purpose nor defends.”

Arguing for a preliminary injunction, which would delay enactment of the new law until it can be litigated in court, the plaintiffs noted that the state’s defense of the law was “pitched in part as a bid to change Supreme Court precedent,” something they labeled “not likely to succeed when measured against the law as it exists today and the current record. The likely result here is the same one that the Supreme Court and lower courts have repeatedly and consistently reached when invalidating laws, such as the Act, that limit adults’ access to adult content under the guise of protecting minors, without accounting for less restrictive alternatives.”

As XBIZ reported on Tuesday, the Texas Department of Health and Human Services has declined to confirm or deny whether the “health warnings” mandated by HB 1181 are supported by any official documentation or statement produced by that office.

A hearing on FSC’s motion for a preliminary injunction is scheduled for Wednesday.

Copyright © 2025 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

AEBN Publishes Report on DP Trends

AEBN has published a report on DP and extreme penetration categories from its straight and gay theaters.

Free Speech Coalition Appoints Megan Stokes to Board of Directors

The Free Speech Coalition (FSC) announced today that it has appointed Megan Stokes to its Board of Directors.

FansRevenue Acquires DivaTraffic

FansRevenue has acquired web traffic service DivaTraffic.

AEBN Announces Peter Green as Top Male Boy/Girl Performer for Summer 2025

AEBN has revealed its top 10 male Boy/Girl performers for summer 2025, with Peter Green landing atop the leaderboard.

Spicey AI Relaunches Site, Debuts $Spicey Tokens

Interactive voice chat platform Spicey AI has relaunched its website and introduced $Spicey tokens.

FSC: Missouri Age Verification Rule Will Not Take Effect August 30

The Free Speech Coalition (FSC) announced that Missouri's proposed age verification legislation will not take effect on August 30, as it had originally estimated.

Little Caprice, Marcello Bravo to Co-Host 2025 XMA Europa Awards

XBIZ is pleased to announce that husband-and-wife duo Little Caprice and Marcello Bravo will co-host adult’s biggest night in Europe: the 2025 XMA Europa Awards on Sept. 4, in the epic climax to XBIZ’s fall events series.

Germany Will Block Payments to AV-Noncompliant Adult Sites as of Dec. 1

Starting Dec. 1, Germany will implement new rules prohibiting financial institutions from providing payment services to adult sites deemed to have inadequate age verification systems and making it easier for the government to target websites mirroring the content of such sites.

Jerkmate Joins Pineapple Support as Partner-Level Sponsor

Jerkmate has joined the ranks of over 70 adult businesses and organizations committing funds and resources to Pineapple Support.

FSC Launches Age Verification Toolkit for Adult Websites

The Free Speech Coalition (FSC) announced today that it has launched a comprehensive toolkit to help adult websites navigate age verification laws.

Show More