A judge says the Porn Age Verification law is unconstitutional
Injunction against a Proposed Age-Gating Rule for Pornographic Web Sites, and Its Implications on Minor Rights and Online Privacy
The age-gating rule which went into effect in Louisiana around the start of 2023 applies to sites that are considered to be composed of one-third pornographic content. Ezra concludes the law was drafted in a way that simultaneously overlooks major places where minors are likely to access porn — like adult-oriented communities on Reddit, which likely doesn’t meet the bar for a “pornographic” site overall — and threatens age-appropriate resources for older minors, like sites with sexual health information. The risks, Ezra concludes, don’t justify using strict age verification when other options like parent-implemented content filters are available. Content filters allow parents to decide how much online access their children need, and it encourages those parents to discuss safety with their children on the internet.
As Ezra notes, Texas still hasn’t repealed a law against sodomy, making it particularly fraught to hand over identification for something like a gay porn site. If you have to identify yourself to view homosexual material in Texas, you will not be able to do that, the ruling says.
Ezra said the age verification component in House Bill 1181, signed by Gov. Greg Abbott in June, “is constitutionally problematic because it deters adults’ access to legal sexually explicit material, far beyond the interest of protecting minors.”
The injunction repeats frequent criticisms of online age verification, particularly the chilling effects of asking people to identify themselves through potentially insecure verification systems.
A Justice Rule Requires a Texas Law Requiring Age Verification on Porn Sites is Unconstitutional, Judge Rules
“Although the state defends H.B. 1181 as protecting minors, it is not tailored to this purpose,” Ezra said. “It’s designed to prevent access to pornography by kids, but it has exemptions that will make it easier for them to use pornography.”
The ruling indicated that social media sites will not be subject to the age restrictions because they do not meet the one-third sexual material standard. A judge said that young people are still allowed to see porn on websites dedicated to explicit sexual content. The law doesn’t restrict image searches on search engines.
A Texas law requiring a health warning for watching pornography and age verification was blocked by a federal judge, a day before it was set to take effect.
The judge said the “state provides virtually no evidence that this is an effective method to combat children’s access to sexual material” and that the warnings include language that most minors would not understand.
The Texas Health and Human Services Commission has not announced any findings despite the warnings carrying the “Texas Health and Human Services” label.
Porn sites have to post warnings about the possible psychological effects of viewing porn, as well as a toll-free hotline for people who suffer from mental health and substance abuse issues, in addition to age verification.
Beyond state monitoring concerns, the ruling also notes the deterring effects caused by the threats of exposing sensitive information through potential leaks or hacks.
Source: A Texas law requiring age verification on porn sites is unconstitutional, judge rules
Defendant’s Action Against the Fifth Circuit U.S. Attorney General’s Purported Inobservance of the Law in Louisiana
The judge’s ruling prevents the state attorney general, the defendant in the case, from enforcing the law. The attorney general’s office has filed a notice of appeal with the Fifth Circuit U.S. Court of Appeals in Louisiana.
A judge in Texas has blocked the state’s law requiring pornography sites to post a health warning and age verification, saying it’sunconstitutional. The judge said the state provides “virtual no evidence that this is an effective method to combat children’s access to sexual material”. Porn sites are required to provide warnings about the possible psychological effects of viewing porn.