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 © 2026 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

2026 XBIZ Miami Conference Schedule Announced

XBIZ is pleased to announce the release of the full show schedule for XBIZ Miami, set to take place May 11-14 at the Goodtime Hotel in South Beach.

Court of International Trade Rejects Trump 'Replacement' Tariffs

The U.S. Court of International Trade on Thursday ruled that President Trump’s 10% global tariff under the Trade Act of 1974, imposed after the Supreme Court invalidated the administration’s broad “Liberation Day” tariff regime, is illegal — but stopped short of a nationwide injunction against the tariff.

UPDATED: Utah VPN Rule Enforcement Paused in Aylo Lawsuit

Provisions of a new Utah law making adult websites liable if minors in the state circumvent geolocation efforts to bypass age verification, which were set to come into force on Wednesday, have been put on hold until Sept. 3.

JustFor.fans Launches 'JFF Create' iPhone App

JustFor.fans (JFF) has launched its new iPhone creator management app, JFF Create.

ShootXEvents Joins ASACP as Media Sponsor

ShootXEvents has signed on as an in-kind media sponsor for the Association of Sites Advocating Child Protection (ASACP).

Pornhub Unblocks UK Users on iOS Devices, Citing Apple AV Effectiveness

Pornhub parent company Aylo on Tuesday announced that users in the United Kingdom will once again be able to access the popular site if they are using Apple devices and have confirmed their age through Apple’s U.K. age-verification process.

North Carolina Weighing Tax on Brick-and-Mortar Sales of Adult DVDs, Mags

The North Carolina state legislature is considering a bill that would impose a new 10% tax on adult DVDs, magazines and other visual material sold by physical retailers in the state.

FSC Launches 'Know Your Rights' 1st Amendment Resource Page

The Free Speech Coalition (FSC) has launched "Know Your Rights," a resource page detailing First Amendment protest guidelines.

Utah VPN Rule for Adult Sites Takes Effect This Week

A new law in Utah comes into force Wednesday, making adult websites liable if minors in the state circumvent geolocation efforts to bypass age verification.

UPDATED: Court Approves Class Action in Labor Claims Against VMG

A U.S. district court has granted class certification in a civil lawsuit filed against Vixen Media Group (VMG) by retired performer Kenzie Anne, making it possible for additional performers to join in a class action against the company.

Show More