The Supreme Court appeared sympathetic Wednesday to a Texas law that requires adult websites to verify the age of their users to protect children from accessing mature content.
The justices considered whether a lower court, which allowed the age verification measure to take effect, applied too low of a standard of review.
Challengers from the adult film industry say the law, which requires users to show proof that they are at least 18, tramples First Amendment rights. They argue that the lower court should have demanded higher scrutiny before refusing to halt the requirement from taking effect.
Justices acknowledged that children’s access to adult material has grown exponentially with the internet and other technology.
“Content filtering for all those different devices, I can say from personal experience, is hard to keep up with,” said Justice Amy Coney Barrett.
“The nature of the pornography has also changed,” said Chief Justice John G. Roberts Jr.
At issue is Texas House Bill 1181, which requires online adult content providers to implement age verification for accessing their sites. When it enacted the measure in 2023, the state aimed to deter the flow of adult images and materials to anyone younger than 18. A violation of the law could cost a company more than $10,000.
The law requires website users to enter a government-issued form of identification to prove their age. Court records show that companies cannot retain the information under the law.
Texas Solicitor General Aaron Nielson said the requirement is no different from asking for an ID to access adult venues or substances, suggesting no constitutional injury.
“We are not transferring identifying information,” Mr. Nielson said.
Free Speech Coalition, a trade group for the adult entertainment industry, argues that the age verification process requires users to enter too much personal information and is aimed at certain content, violating the First Amendment.
“There are ways to identify age short of identifying an individual,” said Derek Shaffer, who represented the adult film industry. “You should have confidentiality.”
After a federal appeals court sided with Texas, advocates for the adult entertainment industry petitioned the high court.
Brian Fletcher, principal deputy solicitor general at the Department of Justice, urged the high court to send the case back to the lower court so it could apply a higher standard.
“Technology doesn’t just cut in one direction,” Mr. Fletcher said. “Burdens on privacy are important.”
Outside the Supreme Court, Texas Attorney General Ken Paxton told reporters he was confident the justices would side with his state.
“We are not going to lose, so I am not even worried about losing this case. We are going to win this case. We are going to have the right to enforce this. I have no doubt about that,” Mr. Paxton said.
The high court is expected to issue a decision in Free Speech Coalition v. Paxton by the end of June.
• Alex Swoyer can be reached at aswoyer@washingtontimes.com.
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