Texas Attorney General Ken Paxton Defends Age Verification Law for Porn Sites Before Supreme Court

Texas Attorney General Ken Paxton has taken a stand to defend House Bill 1181, a piece of legislation poised to mandate age-verification measures on pornography sites, before the Supreme Court of the United States (SCOTUS). The law, passed in 2023, was met with immediate legal challenges from pornography distributors, pushing the conversation around digital age-gating into the national spotlight, as reported by the Texas Attorney General's Office.

While the lower courts have upheld Texas's stance, with the U.S. Court of Appeals for the Fifth Circuit ruling that the age verification measure does not contravene the First Amendment, the issue has now escalated to SCOTUS. Attorney General Paxton stands behind the legislation, stating, "Let me put this simply: these companies do not have a right to expose children to pornography." The stakes are significant, for the industry stands to face daily fines of up to $10,000, and closures, as was the case with Pornhub, which ceased its operations in Texas rather than comply, as per Texas Attorney General's Office.

The brief filed with the Supreme Court has garnered wide-ranging support. Dozens of states, lawmakers, and experts have submitted amicus briefs backing the requirement for age verification. Supporting Texas's law are a diverse body which includes a coalition of two dozen State Attorneys General, over 60 lawmakers from 15 states, members of the Texas Senate, and more than 20 U.S. Congressmen and Senators. All are united in the belief that steps must be taken to protect children from the potential harms of pornography, pointing to backing from medical experts and organizations like the Foundation for Addiction Research.

Paxton's enforcement of the law has been unwavering, demonstrated by Texas's legal action against Aylo Global Entertainment, owner of Pornhub, for non-compliance.  “Texas has a clear interest in protecting children, and we have been successful defending this commonsense age verification law against a powerful global industry. Several of these companies, when faced with a choice between protecting children from pornography and complying with Texas law, have stopped doing business in Texas. Good riddance. Thank you to the numerous organizations and elected leaders who submitted amicus briefs in support of Texas’s law. I look forward to making our case at the Supreme Court of the United States.” Paxton said, in a statement obtained by the Texas Attorney General's Office. The law's provisions are strict, levying fines of up to $10,000 per day, an additional $10,000 should the company illegally retain identifying information, and a hefty $250,000 if a minor accesses pornographic content due to inadequate age verification.

The case will be heard by SCOTUS on January 15, 2025.