5th Circuit Hears Arguments in Texas Age Verification Challenge

5th Circuit Hears Arguments in Texas Age Verification Challenge

AUSTIN, Texas — A three-judge panel of the 5th Circuit Court of Appeals on Wednesday heard arguments regarding the injunction against enforcement of Texas’ controversial age verification law, which mandates that adult websites post anti-porn propaganda.

Texas authorities asked the panel to lift the injunction, which was obtained on Aug. 31 by Free Speech Coalition (FSC) and other plaintiffs. HB 1181 was passed by the Texas legislature with bipartisan support in May and was scheduled to go into effect Sept. 1.

As XBIZ reported, on Sept. 21 the 5th Circuit judges issued an administrative stay of the injunction in a two-sentence ruling that offered no details or explanations.

The injunction — issued by Senior U.S. District Judge David Ezra, a Ronald Reagan appointee — blocks the Texas attorney general from enforcing the Republican-authored anti-porn age verification law while the case is litigated.

Judge Ezra “agreed with the plaintiffs that HB 1181 violates the First Amendment by forcing websites to speak Texas’ preferred messages — the health advisories that he determined were ‘somewhat deceptive’ because the state had not shown its Health and Human Services Commission had made medical findings to back the claims,” Courthouse News reported.

Judge Ezra’s reasoning, which mentioned Section 230 protections, also questioned Texas’ approach to age verification technologies, pointing out the risk of accidental disclosures, hacks and leaks.

On Wednesday, Texas Assistant AG John Ramsey claimed Judge Ezra “misunderstood how age verification works.”

Representing website operators who were among the plaintiffs who originally sued for the injunction, attorney Derek Shaffer cited Supreme Court precedent that he said “established that HB 1181 is subject to strict scrutiny,” Courthouse News Reported, adding that the strict scrutiny standard applies in cases where “laws infringe on fundamental rights and requires legislation to be narrowly tailored and the least restrictive means to further a compelling government interest.”

Shaffer also appealed to the standard that struck down the Child Online Protection Act of 1998. In that case, Courthouse News reported, the U.S. Supreme Court “specifically named content filtering as a least restrictive alternative to the anti-obscenity measures and noted that Texas lawmakers had provided no explanation as to why they had considered filtering and found it wanting.”

Content filtering, Shaffer added, “puts the responsibility where it should be, in the home and on parents.”

The three U.S. Circuit judges — George W. Bush appointee Jennifer Walker Elrod, and Ronald Reagan appointees Jerry Smith and Patrick Higginbotham — did not say when they would rule on Texas’ appeal.

FSC Executive Director Alison Boden told XBIZ, “We are optimistic that the 5th Circuit will uphold the district court judge’s well-reasoned ruling that HB 1181 is unconstitutional and should be prevented from going into effect in Texas.”

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

California, Florida Reps File Latest Bill to Repeal Section 230

Two members of Congress on Thursday introduced new legislation to repeal Section 230 of the Communications Decency Act, which protects interactive computer services — including adult platforms — from liability for user-generated content.

Admaze Introduces Flat-Rate Media Buying for Publishers, Advertisers

Adult ad network and agency Admaze has introduced a flat-rate media buying model for publishers and advertisers.

Centro Launches Lifetime Revenue Share Affiliate Program 'CentroPulse'

Centro has launched CentroPulse, its new lifetime revenue share affiliate program for performance marketers, adult traffic affiliates, established webmasters, and sub-affiliate network operators.

Fanstage Launches Telegram Sales Solution

Fanstage has launched its new platform, allowing creators to sell PPV content directly from their Telegram DMs.

Second Bill Proposed to Shield US Sites From 'Foreign Censorship'

For the second time in recent weeks, a Republican congressman has introduced legislation to bar U.S. courts from helping to enforce foreign laws restricting speech that would domestically be protected under the First Amendment, potentially including foreign age verification laws.

SextPanther Launches in EU, UK

SextPanther has expanded its territory to include the U.K. and E.U.

Segpay Expands to Australia, Names Sam O'Connell Managing Director

Segpay has expanded its territory to include Australia and named Sam O’Connell as managing director of its Australian operation.

Ondato Joins ASACP as Corporate Sponsor

Age and identity verification company Ondato has signed on as the latest corporate sponsor for Association of Sites Advocating Child Protection (ASACP).

2026 XBIZ Amsterdam Conference Schedule Announced

XBIZ is pleased to announce the release of the full show schedule for XBIZ Amsterdam, set to take place Sept. 10-13 at Passenger Terminal Amsterdam.

Ukrainian Legislators Revive Porn Decriminalization Push

The Verkhovna Rada, Ukraine’s parliament, is once again considering a bill that would decriminalize the creation and distribution of pornography in that country — an activity that currently carries a prison sentence of three to five years.

Show More