The law, House Bill 1181, was passed by the Texas State Senate in June and subsequently signed by Governor Greg Abbott. It mandated age verification for users on websites distributing adult content, imposing hefty fines for violations, particularly for those involving minors. Violators of the law can be fined up to $10,000 per violation and up to $250,000 per violation by a minor.
However, U.S. District Judge David Ezra has struck down the law, stating that it is a violation of free speech and is overly “restrictive.”
The judge expressed concerns about privacy, as the verification process employs traceable identification that can be accessed by the government. He emphasized that people might hesitate to access controversial content when the government can log and track such access.
“People will be particularly concerned about accessing controversial speech when the state government can log and track that access,” Ezra stated. “By verifying information through government identification, the law will allow the government to peer into the most intimate and personal aspects of people’s lives.”
Texas is not the only state that has implemented such requirements for adult content websites. Back in May, Utah passed a similar law requiring age verification on the website PornHub. The pornographic site responded to this legislation by blocking access to its content for users in the entire state. Despite this, Utah Governor Spencer Cox applauded the law for holding companies that distribute adult content responsibly. A legal challenge to Utah’s law was also filed but was ultimately upheld by a federal judge.
“The vast majority of Utahns would agree that companies should be held responsible for knowingly distributing pornography to minors,” Cox said. “The very least we can do as a society is to ask companies to verify the age of those viewing the pornography they produce and distribute.”
This piece first appeared at TPUSA.
