The US Supreme Court on Tuesday agreed to hear a challenge to a law in Republican-led Texas that requires pornographic websites to verify the age of visitors in order to limit minors’ access to online sexual content.
Passed last summer, the law mandating adult websites to require state-issued identification from users was challenged in court by a trade association representing the adult entertainment industry that argued it violates First Amendment free speech rights.
A federal court sided with the trade association, called the Free Speech Coalition, and blocked the law, saying it was too restrictive.
But in March a conservative appeals court agreed with Texas authorities and upheld the age verification requirement, prompting the trade group to appeal to the Supreme Court.
In its legal brief to the high court, the group cited the risk of “disclosures, leaks and hacks” and argued that “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.”
In his brief to the Supreme Court, Texas Attorney General Ken Paxton argued “there is nothing unconstitutional” about the law.
“This statute does not prohibit the performance, production, or even sale of pornography but, more modestly, simply requires the pornography industry… to take commercially reasonable steps to ensure that those who access the material are adults,” Paxton wrote.
Texas authorities have been raising alarm over minors’ access to adult content, calling it a public health crisis.
Similar age verification laws have been passed in other states including Arkansas, Indiana, Kansas and others.
Oral arguments in the case will take place during the Supreme Court term which begins on October 7.
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