Porn Industry Seeks Supreme Court Review of Texas Age-Check Law

A coalition representing the adult entertainment industry is appealing a Fifth Circuit ruling upholding a Texas law requiring porn websites to verify the ages of their users, according to a filing at the appeals court.

The US Court of Appeals for the Fifth Circuit on March 7 overturned a district court’s preliminary injunction blocking the Texas law. The appellate court disagreed with the district court’s conclusion that the law violates the First Amendment.

Some operators, such as PornHub parent Aylo Global Entertainment, blocked access to their sites in Texas after the decision. The Free Speech Coalition, and adult-film industry association, sued to block the Texas law in August and is now asking the Fifth Circuit to restore that preliminary injunction while it petitions to Supreme Court to take up its case.

The coalition is seeking the relief in light of the state’s indication that it won’t agree to an expedite the proceeding or to defer enforcement actions while the high court weighs the petition. “Thus the requested relief is necessary and appropriate to prevent Texas from gaming the clock and laying waste to First Amendment interested,” the group wrote.

The Free Speech Coalition noted that the Fifth Circuit decision “conflicts” with previous free-speech cases heard by the Supreme Court. The group also argued in its motion that the Fifth Circuit decision creates a split with the Second Circuit on the matter of distributing obscene materials to minors.

The Texas law requires internet companies distributing “obscene” materials to verify users’ ages. Texas Attorney General Ken Paxton began enforcing the law in February, starting with a $1.6 million civil action against PornHub.

The case is Free Speech Coalition v. Paxton, 5th Cir., No. 23-50627, motion to stay 3/25/24.