Texas AG Briefs US Supreme Court on AV Argument

Texas AG Briefs US Supreme Court on AV Argument

WASHINGTON — Texas Attorney General Ken Paxton on Friday submitted his brief to the U.S. Supreme Court on behalf of the state's age verification law, HB 1181, which is being challenged by a group led by Free Speech Coalition (FSC).

In March, the 5th Circuit Court of Appeals partially upheld the law, which was challenged as an infringement on First Amendment free speech protections by FSC along with an array of adult platforms and workers, including MG Premium and MG Freesites, which are now Aylo companies; Webgroup Czech Republic; NKL Associates; Sonesta Technologies; Sonesta Media; Yellow Production; Paper Street Media; Neptune Media; Mediame; Midus Holdings; and Jane Doe, an adult content creator.

The Supreme Court granted the petition for a writ of certiorari in July, agreeing to hear the case. Oral arguments are scheduled for Jan. 15.

The issue at hand is whether the 5th Circuit applied the proper level of scrutiny to the law, which the FSC-led group argues was not the case. In his brief, Paxton disputes this claim.

"Texas seeks to protect kids from some of the most prurient sexual content imaginable," he writes. "And the means Texas has chosen is appropriate. Texas has addressed only websites dedicated to pornography, has allowed them to comply by using common age-verification technology, and has not imposed criminal penalties. Such a modest but important law satisfies any level of scrutiny."

The brief also reiterates debunked theories on the harms of pornography.

"Pornography harms children, a fact petitioners nowhere deny," Paxton writes. "Children who habitually view pornography are more likely to exhibit behavioral problems such as emulating sexual strangulation, dating violence, and sexual coercion. Adolescent viewers are thus at higher risk of intimate partner cyberstalking and adult perpetration of child sexual abuse."

Adult industry attorney and First Amendment expert Corey D. Silverstein, who filed an amicus brief in the Texas case on behalf of the Electronic Frontier Foundation (EFF) and the Woodhull Freedom Foundation, said he was not surprised by Paxton's arguments.

"His briefing only emboldens my belief that he has little regard for the First Amendment or existing case precedent," Silverstein told XBIZ. "I believe that the Supreme Court will utilize their wisdom and see right through the weak argument that reasonable review is the correct level of scrutiny on this case — he couldn't be any more wrong."

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

France Reinstates Age Verification Rule for EU Sites

France’s highest court, the Council of State, on Tuesday reinstated age verification rules for EU-based sites under the country’s Security and Regulation of the Digital Space (SREN) law, ruling in favor of the French government and against Hammy Media.

Whisper Fans Joins Pineapple Support as Supporter-Level Sponsor

Whisper Fans has joined the ranks of over 70 adult businesses and organizations committing funds and resources to Pineapple Support.

Utherverse Launches 'Red Light Center' Virtual World

Virtual reality and metaverse technology company Utherverse has launched its new virtual world, RedLightCenter.io.

European Commission Approves AV Guidelines, Unveils Prototype App

The European Commission on Monday released its final, approved guidelines for protecting minors online under the EU’s Digital Services Act (DSA) and made public a “white label” age verification app intended to help sites and platforms comply with age verification rules under the DSA.

New Membership Site 'Sluts Corner' Launches

R18 Entertainment has launched a new membership site, SlutsCorner.com.

Roxie Rae Relaunches Site Through XSiteAbility

Roxie Rae has relaunched her site through XSiteAbility.

Federal Appeals Court Vacates FTC 'Click to Cancel' Rule Pending Review

The U.S. Court of Appeals for the 8th Circuit on Tuesday vacated the Federal Trade Commission’s “click-to-cancel” rule aimed at making it easier for consumers to cancel online subscriptions, pending further review.

NYC Adult Stores Lose Challenge to Zoning Law, May Face Relocation

The U.S. Court of Appeals for the 2nd Circuit on Tuesday upheld a lower court’s decision to allow enforcement of a 2001 zoning law aimed at forcing adult retail stores out of most parts of New York City.

FSC Drops Florida AV Lawsuit in Wake of SCOTUS Decision

A U.S. district court judge granted on Tuesday a motion by Free Speech Coalition to dismiss the trade association’s lawsuit over Florida’s age verification law, a case that had been on hold pending the Supreme Court’s recent ruling on the constitutionality of state AV laws.

Show More