WASHINGTON (CN) - States looking to crack down on easily accessible obscene material on the internet got a boost from the Supreme Court on Friday as the justices upheld Texas' age verification checks for pornography.
In 2023, Texas enacted House Bill 1181, forcing adult-oriented websites to verify users' age and display a health warning condemning their content as harmful. The law applies to commercial websites with over one-third of content containing sexual material, aiming to limit readily available hardcore porn that the Lone Star State claims is causing a public health crisis for kids.
The age verification checks require adults to provide digital identification. Pornhub and OnlyFans already use age-verification software from third-party providers to verify the age of content providers.
One such provider, Yoti, said it has completed over 700 million age checks worldwide using AI-driven facial technology. Similar to a bartender, Yoti says its technology includes facial age estimation. Using the camera on their device, users take a photo of their face that is analyzed by an algorithm.
Over two dozen states have similar laws. While they claim an interest in blocking minors' access to obscene material, free speech advocates said the law burdens adults by forcing them to incur severe privacy and security risks before accessing constitutionally protected speech.
Since the law took effect, Pornhub has suspended its services in Texas. The website faces a $1.6 million lawsuit for infractions, each carrying a $250,000 fine.
Free Speech Coalition, an adult entertainment trade association, says the law is overly burdensome for adults, chilling their right to free speech. The group brought a First Amendment challenge to the law, arguing that it should be evaluated under strict scrutiny - the most stringent form of review.
A lower court preliminarily blocked the law from taking effect, but the Fifth Circuit lifted the order as to the age verification requirement. After initially refusing to take emergency action, the Supreme Court took up the case to review this term.
Source: Courthouse News Service
