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 © 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

Brazil Invites Public Input on Guidelines for New Digital Law

Brazil’s National Data Protection Authority (ANPD) is soliciting public comments to help improve interpretation and application of the country’s Digital Statute for Children and Adolescents (Digital ECA), which requires adult websites to age-verify users located in Brazil.

X3 Expo Unveils Euro All-Stars for Inaugural Amsterdam Edition

X3 Expo, Hollywood's premier adult entertainment expo, makes its European debut at Passenger Terminal Amsterdam this September 11-12, bringing together fans, creators, and industry insiders for the Continent’s largest assembly of adult entertainment stars, alongside a dazzling lineup of attractions spotlighting the cutting edge of modern media and pleasure tech.

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.

2026 Pornhub Awards Nominees Announced

The list of nominees has been revealed for the eighth annual Pornhub Awards, which will be held May 27 in Los Angeles.

AEBN Publishes Popular Searches by Country for February, March

AEBN has released the list of popular searches from its straight and gay theaters, by country, for February and March.

BranditScan Rolls Out 'UrLinks' Platform Feature

BranditScan has introduced its new UrLinks homepage feature for creators.

UK Outlaws Content Featuring Choking, Adults Portraying Underage Characters

The U.K.’s Crime and Policing Bill received final passage in Parliament on Monday, including provisions criminalizing depictions of “non-fatal strangulation” as well as sexual content in which adults portray underage characters.

Grooby Launches 30th Anniversary Campaign

Grooby is celebrating its 30th anniversary with a showcase campaign featuring 30 of the studio's newest models.

Island Conference Joins ASACP as Media Sponsor

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

Elly Clutch, Girthmasterr to Host 2026 XMA Creator Awards

XBIZ is pleased to announce Elly Clutch and Girthmasterr as co-hosts of the 2026 XMA Creator Awards, presented by premium creator platform Fansly.

Show More