Leading Free Speech Groups File Brief Blasting Texas' Age Verification and Mandatory Labeling Law

Leading Free Speech Groups File Brief Blasting Texas' Age Verification and Mandatory Labeling Law

AUSTIN, Texas — Several leading free-speech groups, led by the ACLU, urged the U.S. Court of Appeals for the 5th Circuit on Thursday to block the Texas age verification law that requires adult websites to post anti-porn propaganda, contending that this violates the First Amendment.

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

On Aug. 31 a federal court in Texas granted a preliminary injunction to the FSC and other plaintiffs, thereby blocking the Texas attorney general from enforcing the controversial law while the case is litigated.

Earlier this month, however, a three-judge panel of the 5th Circuit Court of Appeals issued an administrative stay of the injunction. The two-sentence ruling offered no details or explanations for the decision.

On Thursday, the ACLU submitted an amicus brief arguing the unconstitutionality of HB 1181. The civil liberties group was joined by the Center for Democracy & Technology, the Electronic Frontier Foundation, the Foundation for Individual Rights and Expression, the Media Coalition Foundation and Techfreedom.

A Vague, Unconstitutional Law Compelling Government Speech

According to an analysis by Bloomberg Law, the groups argued that HB 1181 “would burden the right of adults to view lawful sexual content, rob website visitors of their right to anonymity and compel providers of adult content to express the state of Texas’ viewpoint on the allegedly harmful effects of pornography.”

The brief also explained that “requiring visitors to verify their ages before accessing adult content would impose ‘significant burdens’ on the exercise of First Amendment rights online,” Bloomberg Law reported. “The requirement would block some adult visitors from accessing protected content at all, and would rob visitors of anonymity and discourage those who were concerned about privacy and security from engaging with protected speech.”

Arguing that the district court had correctly noted that HB 1181 “was overly broad, lacked clear definitions of key terms and failed to take account of less restrictive means to protect minors, such as parental use of content filters on their children’s devices,” the ACLU-led brief pointed out that the law would also “violate the free speech rights of website operators by requiring them to post disclosures concerning the alleged harms of pornography.”

That requirement, the brief explained, “would force them to voice Texas’ criticism of their own lawful expression ‘under pain of punishment,’” in spite of decades of legal precedent preventing the Abbott administration from infringing on First Amendment rights in that manner, 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

Anti-Porn YouTuber Lauren Chen Linked to Russian Propaganda Probe

A U.S. Department of Justice indictment concerning an alleged Russia-funded propaganda operation has raised questions about a right-wing YouTuber who posted conspiracy content calling for the eradication of porn.

The Advocate: FSC Exec Director Alison Boden Champions Industry

Since Alison Boden took the reins of Free Speech Coalition (FSC) in early 2022, the organization has undergone a resurgence. Defending its members, sex workers, the adult industry and even society in general from threats to freedom of expression, FSC can now consistently be found on the front lines, battling with renewed zeal.

MYLF, TeamSkeet Launch New Website 'Swappz'

MYLF and TeamSkeet have launched a new website, Swappz.com, unifying both studios' "Swap" series, including Daughter Swap, Sis Swap and Mom Swap.

Mary Rock Unveils New Paysite EnjoyX

Producer Mary Rock has unveiled her membership site, EnjoyX.com.

AI Companionship Platform SoulDeep Launches

New NSFW AI companionship platform SoulDeep has debuted.

SWR Data Survey Probes AI Adoption Among Creators

SWR Data, an adult-sector market research firm led by industry veterans Mike Stabile and MelRose Michaels, has released data from its upcoming 2024 State of the Creator report, illustrating trends in AI adoption by creators.

U of Wisconsin Regents Schedule Hearing to Decide on Fate of Content Creator Professor

The Universities of Wisconsin Board of Regents has scheduled a final hearing to weigh a faculty tribunal’s recommendation to strip veteran UW professor of communications Joe Gow of tenure for unremorsefully creating and appearing in adult content.

VR Bangers Unveils New UnzipVR Affiliate Platform

VR Bangers has launched UnzipVR, its affiliate platform replacing VRB Cash.

Mandy Salley of Woodhull to Moderate #SexTalkTuesday

Woodhull Freedom Foundation COO Mandy Salley will serve as special guest moderator on the X-based chat show #SexTalkTuesday, for a discussion on sexual freedom today at 8 p.m. (EDT).

Show More