Judge strikes down a Texas law requiring age verification to view adult websites

U.S. Court News

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

  • McCarthy floats stopgap funding to prevent a government shutdown

    McCarthy floats stopgap funding to prevent a government shutdown

    U.S. Court News 08/16/2023

    Congressional 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...

  • Owner of Maryland Construction Company Pleads Guilty to Tax Evasion

    Owner of Maryland Construction Company Pleads Guilty to Tax Evasion

    U.S. Court News 08/10/2023

    According to court documents, Jerry Lee Redman of Severn, Maryland, owned Redman Services Inc. (RSI), a paving and construction company. For at least 2015 through 2018, Redman filed corporate income tax returns for RSI that underreported the business...

  • Bankruptcy Filings Rise 10%, and Courts Feel the Pinch

    Bankruptcy Filings Rise 10%, and Courts Feel the Pinch

    U.S. Court News 08/02/2023

    Personal and business bankruptcy filings rose 10 percent in the twelve-month period ending June 30, 2023, compared with the previous year.  Bankruptcy totals are reported four times annually by the U.S. government. According to statistics releas...

Any contracts or any transactions can go awry at any time

We know your business means a lot to you and want to understand all the aspects of your business so that we can help you in the best ways possible. We don’t discriminate depending on the size of your company. Our mission statement is to represent all business owners and entrepreneurs by navigating them through the rough waters of business litigation and guiding them to success.

We are attorneys who want to make sure we understand your business objectives and goals before we start providing you with legal counsel individualized to your business. We know what it means to be dedicated to your business. After all, we are a business as well. And just like you, we want to provide the best service we can to our clients.

Any contracts or any transactions can go awry at any time. Sometimes, making important business decisions without legal help from business attorneys could cost you your business.We don’t want you or your business to be misconstrued by anyone. Our attorneys make sure that we communicate with you often to make sure we are giving you the legal guidance you need at all times. We make sure we are responsive in a timely-manner with every single one of our clients to help them identify risks and prevent legal battles before they arise.