5th Circuit Denies Texas AV Law Stay Pending SCOTUS Appeal

5th Circuit Denies Texas AV Law Stay Pending SCOTUS Appeal

AUSTIN, Texas — The United States Court of Appeals for the 5th Circuit has rejected a petition, by Free Speech Coalition (FSC) and its co-plaintiffs in the challenge to Texas’ controversial age verification law, to stay the court's recent decision upholding the law while they appeal to the U.S. Supreme Court to review its constitutionality.

As XBIZ reported, the plaintiffs had signaled to the appeals court their intention to take their challenge to Texas' HB 1181 to the Supreme Court, arguing that their forthcoming petition for certiorari has “good prospects of being granted” in a short period of time.

FSC released the following statement regarding the 5th Circuit’s ruling:

Earlier this week, FSC and our co-plaintiffs filed a motion in the Fifth Circuit Court of Appeals requesting that the court stay the mandate — in other words, prevent Texas from enforcing the law — while we file for a writ of certiorari to secure review of the decision before the Supreme Court. The motion was denied this morning, meaning Texas can continue to enforce its law for the time being.

While today’s ruling wasn’t entirely surprising, we were again encouraged by Judge Higginbotham’s dissent, in which he argues that the stay should have been granted as the law “conflicts with Supreme Court precedent” and is “likely unconstitutional.”

“The substantial question of law here presented begs for resolution by the high court. The decision conflicts with Supreme Court precedent and decisions of our sister circuits. And I would stay the mandate because Appellees face a risk of enforcement proceedings under the likely unconstitutional statute.”

Despite the rulings of the 5th Circuit, we believe in our case, and will continue to fight for the rights of our members, our industry, our workers and the right of adult Texans to access legal and constitutionally protected speech without the interference of the government.

HB 1181 was passed by the Texas legislature in May 2023 and is a much-augmented version of Louisiana’s age verification law and its many copycat versions in other states. At the time, the FSC condemned the law as “blatantly unconstitutional” and a “violation of the First Amendment rights of creators, consumers and platforms.”

In August 2023, FSC filed a legal challenge in Texas over HB 1181, which is still ongoing, even after the 5th Circuit ruling. Joining the FSC as co-plaintiffs were an array of adult platforms and workers, including MG Premium LTD; MG Freesites LTD (now Aylo companies); Webgroup Czech Republic, A.S.; NKL Associates, S.R.O.; Sonesta Technologies, S.R.O.; Sonesta Media, S.R.O.; Yellow Production S.R.O.; Paper Street Media, LLC; Neptune Media, LLC; Mediame SRL; Midus Holdings, Inc.; and Jane Doe, an adult content creator.

Texas’ Attorney General Ken Paxton has already filed lawsuits against Aylo, xHamster and Chaturbate for failure to comply with the law, an enforcement move that legal experts say is unusual for a highly controversial law that is still making its way through the appeals process and could end up before SCOTUS.

Main Image: Texas' AG Ken Paxton

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

SWR Data Publishes 'Clip Trend' Report

Adult industry market research outfit SWR Data has published a report on the performance of clip platforms and sales.

Another German Court Rejects Blocking Orders Against Pornhub, YouPorn

A German court has blocked the Rhineland-Palatinate Media Authority (MA RLP) from forcing telecom providers based within the court’s jurisdiction to cut off access to Aylo-owned adult sites Pornhub and YouPorn.

Ofcom Fines Kick Online Entertainment $1 Million for AV Noncompliance

U.K. media regulator Ofcom on Thursday fined Kick Online Entertainment 800,000 pounds (more than $1 million) for failing to implement age checks as required for compliance with the Online Safety Act.

FSC Details Legislative Outlook for 2026

The Free Speech Coalition (FSC) has laid out the legislative outlook for the industry in 2026.

AEBN Publishes Popular Searches by Country for December, January

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

Jim Austin Joins CrakRevenue Team

Online industry veteran and business strategist Jim Austin has been hired by CrakRevenue.

Judge Dismisses NCOSE-Backed Suits Against Adult Sites Over Kansas AV Law

A federal judge on Tuesday dismissed lawsuits brought against two adult websites in Kansas for alleged violations of the state’s age verification law.

Aylo/SWOP Panel Spotlights Creators' Struggle for Digital, Financial Rights

Aylo and Sex Workers Outreach Project (SWOP) Behind Bars presented, on Tuesday, an online panel on creators’ rights, debanking and deplatforming.

AV Bulletin: Canada, Italy, Australia Updates

Since the Supreme Court’s decision in Free Speech Coalition v. Paxton, more state age verification laws have been enacted around the United States, as well as proposed at the federal level and in other countries. This roundup provides an update on the latest news and developments on the age verification front as it impacts the adult industry.

Holly Randall Soft Launches 'Wet Ink' Magazine

Holly Randall has officially soft-launched the creator-focused publication Wet Ink Magazine.

Show More