Supreme Court Backs Texas Age Verification Law for Adult Content

The U.S. Supreme Court in a landmark decision ruled 6-3 to uphold the Texas HB 1181 law, which requires age verification for consumers seeking to access websites with sexually explicit material. 

The case strengthens the power of states to enact digital age verification procedures to protect children exposed to online exploitation and abuse, a common trend in 20 or more states.

The Texas legislation states that platforms with more than a third of adult on their sites must employ reasonable age verification mechanisms like govt/issued IDs. Websites that do not comply are at risk of financial penalties, but search engines and large social platforms are exempt.

In the general majority opinion of the case, Justice Clarence Thomas wrote that the First Amendment does not bar states from regulating obscene material as harmful to minors. He added that the operator of a website may not be able to visually inspect the visitor and determine their age, hence the need for digital protection.

The law had been challenged by the Free Speech Coalition, a trade association representing adult content providers on privacy and free speech grounds. Although a lower federal court had originally blocked the law based on a review of strict scrutiny, the federal appeals court subsequently overruled that action, applying a rational basis instead based on the conclusion that the state had a compelling interest to protect minors.

Dissent by Justice Elena Kagan cautioned against overly applied limitations that may prove to interfere with the freedoms of adults. Texas Attorney General Ken Paxton declared the ruling a significant win for the protection of children and asked the tech platforms to adjust.

Under this decision, the Court has technically indicated that when age assurance laws are targeted at protecting the minors, they can be upheld to a constitutional test, subject to the application of proportionate verification procedures.