A federal judge has ruled against a Texas law that mandated age verification and health warnings for accessing adult websites. The law was deemed unconstitutional and a violation of free speech rights by U.S. District Judge David Ezra. The state attorney general’s office, responsible for enforcing the law, has been prohibited from doing so.
The lawsuit challenging the law was filed by the Free Speech Coalition, a trade association for the adult entertainment industry, along with an individual referred to as Jane Doe, who is an adult entertainer on various adult sites including Pornhub.
Judge Ezra expressed concern over privacy issues raised by the law. Age verification required the use of traceable government-issued identification, allowing the government to access and retain the data without the requirement to delete it. The judge stated that such access and tracking of individuals’ access to controversial speech raised significant concerns.
While acknowledging the legitimate goal of protecting children from explicit content, Judge Ezra pointed out that alternative measures, such as blocking and filtering software, exist and are more effective and less restrictive.
Additionally, the judge found fault with the health warnings mandated by the law. The warnings claim that pornography is addictive, impairs mental development, and contributes to the demand for prostitution, child exploitation, and child sexual abuse images. Judge Ezra stated that these claims are not supported by evidence and are therefore unconstitutional.
The Texas law is part of a larger trend, with similar age verification laws passed in other states like Arkansas, Mississippi, Utah, and Louisiana. Penalties for violating the Texas law ranged from fines of up to $10,000 per violation, with the potential to increase to $250,000 per violation for minors.
While the Utah law was upheld by a federal judge, the Arkansas law, which required parental consent for children to create social media accounts, was struck down. A lawsuit challenging the Louisiana law is currently pending.
Overall, this ruling highlights the importance of protecting free speech rights while balancing the need to safeguard children.
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