Judge strikes down a Texas law requiring age verification to view adult websites
Legal Compliance
A federal judge has struck down a Texas law requiring age verification and health warnings to view pornographic websites and blocked the state attorney general’s office from enforcing it.
In a ruling Thursday, U.S. District Judge David Ezra agreed with claims that House Bill 1181, which was signed into law by Texas Gov. Greg Abbott in June, violates free speech rights and is overbroad and vague.
The state attorney general’s office, which is defending the law, immediately filed notice of appeal to the Fifth Circuit U.S. Court of Appeals in New Orleans.
The lawsuit was filed Aug. 4 by the Free Speech Coalition, a trade association for the adult entertainment industry and a person identified as Jane Doe and described as an adult entertainer on various adult sites, including Pornhub.
Judge Ezra also said the law, which was to take effect Friday, raises privacy concerns because a permissible age verification is using a traceable government-issued identification and the government has access to and is not required to delete the data.
“People will be particularly concerned about accessing controversial speech when the state government can log and track that access,” Ezra wrote. “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.”
Ezra said Texas has a legitimate goal of protecting children from online sexual material, but noted other measures, including blocking and filtering software, exist.
“These methods are more effective and less restrictive in terms of protecting minors from adult content,” Ezra wrote. The judge also found the law unconstitutionally compels speech by requiring adult sites to post health warnings they dispute — that pornography is addictive, impairs mental development and increases the demand for prostitution, child exploitation and child sexual abuse images.
“The disclosures state scientific findings as a matter of fact, when in reality, they range from heavily contested to unsupported by the evidence,” Ezra wrote.
The Texas law is one of several similar age verification laws passed in other states, including Arkansas, Mississippi, Utah and Louisiana.
Related listings
-
3M agrees to pay $6 billion to settle earplug lawsuits
Legal Compliance 08/31/2023Chemical and consumer product manufacturer 3M has agreed to pay $6 billion to settle numerous lawsuits from U.S. service members who say they experienced hearing loss or other serious injuries after using faulty earplugs made by the company.The settl...
-
Some states reject federal money to find and replace dangerous lead pipes
Legal Compliance 08/20/2023As the Biden administration makes billions of dollars available to remove millions of dangerous lead pipes that can contaminate drinking water and damage brain development in children, some states are turning down funds.Washington, Oregon, Maine and ...
-
McCarthy floats stopgap funding to prevent a government shutdown
Legal Compliance 08/16/2023Congressional leaders are pitching a stopgap government funding package to avoid a federal shutdown after next month, acknowledging the House and Senate are nowhere near agreement on spending levels to keep federal operations running.House Speaker Ke...
New Rochelle, New York Personal Injury Lawyers
If you or a loved one has been injured in an accident, contact Kommer, Bave & Ollman, LLP, in New Rochelle, New York, immediately. We can answer all your questions and work with you to determine if you have the grounds for a personal injury lawsuit. The attorneys at our firm are determined to resolve even the most difficult of cases. We will work closely with you to determine the best course of action to get your claim or case resolved in the most efficient way possible. We will fight for your right to compensation! No one should have to suffer a financial burden from the result of another person’s carelessness. The attorneys at Kommer, Bave & Ollman, LLP will aggressively fight to ensure that justice is served on your behalf.