Pornhub, XNXX in panic? US Supreme Court ruling lets states crack down on online adult content access

The US Supreme Court on Friday upheld a Texas law that requires users to prove their age before viewing pornography sites, as per a report. The ruling has set off alarm bells across the adult entertainment industry, where sites like Pornhub and XNXX now face an uncertain future in states enforcing similar laws, according to a HuffPost report.

Supreme Court Backs Texas Porn Law, Shaking Up the Adult Industry

The 6–3 ruling supports Texas House Bill 1181, a 2023 law that mandates online pornography platforms verify users' ages by giving age proof, as per the report. Any site that fails to comply faces steep fines: $10,000 per day and up to $250,000 if minors gain access, as per the HuffPost report.

According to the report, now eighteen states, including Texas, have laws in effect that require age verification for pornography sites, while six other states have enacted such laws that are not yet in effect.

A Major Shift in First Amendment Interpretation

The decision marks a shift from previous First Amendment rulings. In the 1990s, the Supreme Court struck down two federal laws that attempted to regulate online pornography, the Communications Decency Act and the Child Online Protection Act, ruling they were unconstitutionally restricting free speech, according to HuffPost report.

Justice Clarence Thomas: Smartphones Changed Everything

Justice Clarence Thomas wrote for the majority, and pointed out that technology has advanced since the court’s rulings on those laws enacted in the 1990s, as he said, “With the rise of the smartphone and instant streaming, many adolescents can now access vast libraries of video content—both benign and obscene—at almost any time and place, with an ease that would have been unimaginable at the time” which the court last ruled on online pornography, quoted HuffPost.

Thomas wrote that, “The statute advances the State’s important interest in shielding children from sexually explicit content,” adding, “And, it is appropriately tailored because it permits users to verify their ages through the established methods of providing government-issued identification and sharing transactional data," as quoted in the report.

Free Speech Advocates Say Adults Pay the Price

But lawyers for the Free Speech Coalition, which is a consortium of porn sites, argued that the law placed an undue burden on the speech of adults by requiring them to undergo age verification, while acknowledging that states may restrict access to pornography for minors, as reported by HuffPost.

However, Thomas rejected their argument by pointing out that the First Amendment does not protect against age verification. He argued that, “[A]dults have no First Amendment right to avoid age verification, and the statute can readily be understood as an effort to restrict minors’ access,” adding, “Any burden experienced by adults is therefore only incidental to the statute’s regulation of activity that is not protected by the First Amendment,” as quoted in the HuffPost report.

Justice Elena Kagan Warns of Privacy Risks in Dissent

Meanwhile, Justice Elena Kagan wrote in dissent, saying, “Under ordinary First Amendment doctrine, this Court should subject H. B. 1181 to strict scrutiny,” adding, “That is because H. B. 1181 covers speech constitutionally protected for adults; impedes adults’ ability to view that speech; and imposes that burden based on the speech’s content. Case closed,” as quoted in the report.

Kagan pointed out that because the Texas law requires adults to verify their age by providing a driver’s license or data “associated with things like a job or mortgage,” it acts as “a deterrent” for adults looking to access pornography, according to the HuffPost report.

She also said that, “It is not, contra the majority, like having to flash ID to enter a club,” adding, “It is turning over information about yourself and your viewing habits—respecting speech many find repulsive—to a website operator, and then to ... who knows? The operator might sell the information; the operator might be hacked or subpoenaed,” as quoted in the report.

FAQs

Do I now need to show ID to watch porn online?
Yes, if you're in a state with one of these laws. Sites will likely require age proof through ID or other data.

What if I refuse to share that info?
You may be blocked from accessing the site in states enforcing these laws.