The Supreme Court has declined to intervene in stopping an anti-porn law from being implemented in Texas.
The law, known as H.B. 1181, focuses on websites that publish “sexual material harmful to minors,” a broad category that includes most depictions of nudity or sexual activity. Websites where more than one-third of the material falls into this category must require visitors to provide government-issued identification or verify their ages in another manner.
Additionally, under H.B. 1181, these platforms must display various messages that are considered absurd and unscientific. These messages include claims that porn can be “biologically addictive,” that it harms human brain development, weakens brain function, and is associated with various emotional and mental illnesses, as well as an increased demand for prostitution, child exploitation, and child pornography.
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Compelled Speech and Court Rulings
The Free Speech Coalition (FSC) and Pornhub’s parent company filed a lawsuit against the law. A U.S. district court initially halted enforcement the day before it was set to take effect last fall.
However, the U.S. Court of Appeals for the 5th Circuit later reversed this decision, and Texas Attorney General Ken Paxton has since begun enforcing it.
The 5th Circuit maintained the injunction on enforcing the public health warning part of the law but lifted the injunction on the age verification requirement.
In an opinion by Judge Jerry E. Smith, the 5th Circuit stated that while H.B. 1181 violated the plaintiffs’ right to free speech, the age verification mandate did not, leading to the court’s decision.
The Free Speech Coalition requested the Supreme Court to take up the case in April and issue a stay on the 5th Circuit’s ruling, but the Supreme Court denied the stay request without providing a reason.
The Supreme Court’s decision to allow the 5th Circuit’s ruling to proceed, despite disregarding Supreme Court precedent, has raised concerns about the freedom of courts to ignore established legal principles.
Ignoring Porn-Law Precedent
Legal experts argue that the Texas age-verification law should be prohibited based on Supreme Court precedent.
In a 2004 case, Ashcroft v. ACLU, the Court considered a similar law and ruled that it did not meet the strict scrutiny standard, meaning it was not narrowly tailored enough to be constitutional.
Despite this precedent, the 5th Circuit dismissed the Supreme Court’s decision in Ashcroft and proceeded with upholding the age verification mandate in the Texas law.
The Supreme Court’s refusal to issue a stay on the 5th Circuit’s ruling without explanation has raised concerns about the disregard for established legal principles.
What’s Next for H.B. 1181?
The Free Speech Coalition’s petition for a full review by the Supreme Court is still pending, offering a possibility for further legal challenges to the law.
The Free Speech Coalition remains hopeful that the Supreme Court will uphold its previous rulings on content-based restrictions on speech and grant a review of the Texas law.
Meanwhile, Texas has taken legal action against adult websites for failing to comply with the age verification requirements of the law.
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