Free Speech Coalition Inc v. Paxton

Can pornography be regulated in a way that protects adults' speech if passed in the name of protecting kids from sexual material online?

An increasing number of states have enacted laws requiring websites that host content considered “harmful to minors” to verify users' ages before granting access. In 2023, Texas joined this trend by passing HB 1181 (“the Act”). According to the Act, websites with one-third or more of their content classified as “harmful to minors” must verify the age of all users. The term “sexual material harmful to minors” is vaguely defined, encompassing a wide range of content, including sex education videos and R-rated films.

Additionally, the Act mandates that affected websites display government-issued “sexual materials health warnings,” which include statements claiming that “[p]ornography is potentially biologically addictive” and can harm brain development. This age verification requirement limits access for adults, as they must disclose their identities to bypass the age gate. It also compromises anonymity and could prevent individuals without government ID or those misidentified by the verification technology from accessing these websites altogether.