A trade group representing pornography is asking the Supreme Court to halt a Texas law requiring x-rated websites to age-verify users.
The Free Speech Coalition, which is representing the adult film industry, is arguing that making sure users are adults violates the First Amendment right of porn sites.
The law was ruled unconstitutional in September, but an appeal in March overturned that.
On Friday, the group requested the Supreme Court pause the law until the justices decide whether to hear another full appeal.
"Age verification software requires a user to transmit extremely sensitive data – digitized copies of their government-issued identification, biometric scans, or other forms of up data used by commercial providers – over the internet," the FSC said in a press release about the law. NEW at SCOTUS: shadow-docket application requesting stay of 5th circuit ruling that upheld a Texas law requiring age verification for pornographic websites. Plaintiffs say law restricts expression due to “adults’ rational fear of identity theft, tracking, and extortion”. pic.twitter.com/87l4g8PaaX
— Steven Mazie (@stevenmazie) April 16, 2024
The law will bar companies from retaining personal data or user information.
The American Civil Liberties Union (ACLU) also supports the lawsuit, claiming age verification will “improperly burden free speech online.”
“Though it purportedly seeks to limit minors’ access to online sexual content, the law in fact imposes significant burdens on adults’ access to constitutionally-protected expression, requiring them to provide personal identifying information online to access sensitive, intimate content,” ACLU attorney Vera Eidelman said in a statement.
The Hill reports:Texas Attorney General Ken Paxton (R) also sued pornography giant Aylo, which owns websites including Pornhub, in February for not following the law. The company disabled access to the Pornhub site in Texas after the appeals court overturned the lower court ruling.
The Supreme Court has been critical of attempts to limit access to adult materials in the past, including in a 1997 case over internet pornography. Plaintiffs argued in the new filing that the appellate decision goes directly against that precedent and should be paused while the high court considers a full appeal.
The appeals court relied on a 1968 precedent to justify the law instead of more recent cases regarding internet content, the ACLU argued.
Kansas, Arkansas, Indiana, Louisiana, Mississippi, Montana, Utah, and Virginia also have age-verification laws.
