Supreme Court upholds Texas law blocking kids from online porn

WASHINGTON (NEXSTAR) – The Supreme Court, in a 6-3 ruling, sided with the state of Texas allowing the state to restrict access to sexually explicit websites for children. 

Texas’ law requires porn sites to verify the age of visitors, by using government issued ID or another “commercially reasonable” method. If they don’t, Texas can fine websites $10,000 a day, and $250,000 for every minor who accesses the site. 

“It will now be harder to challenge state regulations of sexually explicit material, even if that material is okay with regard to adults,” said Professor Paul Schiff Berman of the George Washington University School of Law. 

Berman said the court applied a lower standard in upholding Texas’ law. The justices applied “intermediate scrutiny” instead of the “strict scrutiny,” first amendment advocates wanted. Justice Clarence Thomas, writing for the court, found the Texas law is subject to intermediate scrutiny because “it only incidentally burdens the protected speech of adults.” 

Justice Elena Kagan, who wrote the dissent, said Texas’ law burdens the free speech of adults. 

She agreed with first amendment advocates who say Texas’ law creates a “chilling effect” on free speech because people’s personal data is used to verify age. 

“It is being collected. It is a target for hackers. It is something that is different from just flashing an ID in physical space,” said Derek Shaffer from the Free Speech Coalition during oral arguments. 

Kagan agreed, adding “no one doubts that the distribution of sexually explicit speech to children, of the sort involved here, can cause great harm.” She urged Texas to try to find a less intrusive method to prevent children from accessing porn sites. 

At least 22 other states have laws requiring explicit websites to verify age. PornHub said it stopped operating in several states because of those laws.