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 © 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

FSC Unpacks SCOTUS Age Verification Ruling in Webinar

The Free Speech Coalition conducted a public webinar Tuesday to help adult industry stakeholders understand the Supreme Court’s recent decision in FSC v. Paxton, and its potential implications.

UK Lawmaker Calls for Appointment of 'Porn Minister'

Baroness Gabrielle Bertin, the Conservative member of Parliament who recently convened a new anti-pornography task force, is calling for the appointment of a “minister for porn,” according to British news outlet The Guardian.

FSC Toasts Jeffrey Douglas for 30 Years of Service

n the very same evening when the adult industry was hit hard by the Supreme Court ruling supporting Texas’ controversial age verification law, HB 1181, members of the Free Speech Coalition board, staff and supporters gathered to celebrate Jeffrey Douglas’ 30 years as board chair — a fitting reflection of his reputation as an eternal optimist.

TTS Opens UK Testing Location

Talent Testing Service (TTS) has opened a new U.K. location in Ware, Hertfordshire.

FSC: Age-Verification Laws Go Into Effect South Dakota, Georgia, Wyoming on July 1

The Free Speech Coalition (FSC) has published a statement regarding new age verification laws set to go into effect tomorrow in South Dakota, Georgia, and Wyoming.

FSC Responds to Supreme Court Decision on Texas AV Law

The Free Speech Coalition (FSC) has released a statement responding to last week's Supreme Court decision on FSC v. Paxton, the Texas age verification law.

Sex Work CEO Debuts Upgraded 'GPTease' AI Assistant

Sex Work CEO has introduced the new Canvas in-chat editing feature to its AI-powered, NSFW text generator, GPTease.

UPDATED: Supreme Court Rules Against Adult Industry in Pivotal Texas AV Case

The U.S. Supreme Court on Friday issued its decision in Free Speech Coalition v. Paxton, striking a blow against the online adult industry by ruling in support of Texas’ controversial age verification law, HB 1181.

North Carolina Passes Extreme Bill Targeting Adult Sites

The North Carolina state legislature this week ratified a bill that would impose new regulations that industry observers have warned could push adult websites and platforms to ban most adult creators and content.

Supreme Court Ruling Due Friday in FSC v. Paxton AV Case

The U.S. Supreme Court will rule on Friday in Free Speech Coalition v. Paxton, the adult industry trade association's challenge to Texas’ controversial age verification law, HB 1181.

Show More