Supreme Court Upholds Texas Age-Verification Law, Keeping Pornhub Blocked

Adult industry advocates hoping the U.S. Supreme Court would strike down Texas' age-verification law for pornography websites were disappointed Friday morning.

In a 6-3 decision, the court upheld House Bill 1181, a Texas law requiring pornographic websites to verify that users are over the age of 18 through digital verification methods.

How did Supreme Court judges rule on age verification for porn sites?

Writing for the majority, Justice Clarence Thomas said HB 1181 was "subject only to intermediate scrutiny" because the law "advances the State's important interest in shielding children from sexually explicit content."

Justice Elena Kagan contended that Texas’s age verification law for websites featuring pornography or sexually explicit content imposes limits on adults' ability to access constitutionally protected speech.

Although the law aims to shield minors from explicit materials, Kagan warned that it would likely deter many adults from visiting such sites due to the discomfort or privacy concerns involved in providing sensitive personal documents and information like their license or passport.

"The majority’s opinion concluding to the contrary is, to be frank, confused," Justice Kagan wrote. "The opinion, to start with, is at war with itself."

What is HB 1181?

House Bill 1181, passed in 2023, requires pornographic websites to verify a user’s age using a government-issued ID or a reasonable alternative. The bill was authored by state Rep. Matt Shaheen, a Republican from Plano.

The law imposes a $10,000-per-day fine on violators and a $250,000 penalty if a child is exposed to pornographic content because a website failed to verify a user’s age.

In a legal challenge between the state and Aylo Global Entertainment — the parent company of Pornhub and other adult websites — opponents of the law argued that it infringes on free speech rights. However, the 5th U.S. Circuit Court of Appeals ruled that HB 1181 does not violate the First Amendment.

In addition to Texas, Pornhub has blocked access in other states with age-verification laws: Arkansas, Louisiana, Mississippi, Montana, North Carolina, Utah and Virginia.