The Supreme Court shows support for state laws enforcing age limits on porn sites to protect children from explicit content
Last year, Texas passed a law requiring porn sites to verify users are at least 18 years old. Lawyers from 23 other Republican-led states backed Texas, saying they want to implement similar laws. The conservative justices on the court seemed open to supporting these new regulations.
They pointed out that age-verification is already standard for online gambling and purchasing alcohol or tobacco. Chief Justice John G. Roberts Jr. emphasized the significant changes in technology and the easy access to hardcore porn. He suggested that this situation calls for a reevaluation of past rulings that used the First Amendment to block anti-pornography laws.
Justice Amy Coney Barrett noted that parents have realized online filters aren’t effective, as kids can easily find porn on their phones and tablets. She questioned why the court had previously upheld laws preventing minors from accessing explicit materials in bookstores but seemed hesitant now.
Derek Shaffer, representing the adult entertainment industry, argued that the Texas law could deter adult customers from providing personal information for age verification. However, Texas state solicitor Aaron Nielsen countered that the new systems allow users to confirm their age safely and easily online.
The justices discussed what free speech standards should apply to such laws. Historically, anti-pornography laws faced strict scrutiny, often leading to their rejection. In contrast, the 5th Circuit Court allowed the Texas law to proceed, viewing it as a reasonable way to protect children.
Several justices indicated they might support the Texas law but could also send it back for further review. Republican-led states highlighted a growing issue with pornography, noting that many children encounter it while still in elementary school. They pointed out that porn sites attract more traffic than major social media platforms combined.
