It was unclear who won during oral arguments before the Supreme Court on Thursday over a Texas law that would require pornographic websites. to block technology from minors accessing their pages
Under HB 1181, passed in 2023, if at least one-third of a website's content is “Sexual content that is harmful to minors” requires owners to restrict access with age verification technology. What form age verification will take remains open to interpretation.
The court's conservative justices appear friendly to the argument that states Stronger tools are needed to prevent minors from viewing pornography. Because it is easily accessible on mobile phones and other devices. But along with the court's three liberal justices They questioned Texas Attorney General Aaron Nielsen about whether the state's law should be subject to and could survive. The rigorous standards of review that courts have previously laid down for analyzing the law May limit protected forms of speech
The porn industry, represented by trade association Free Speech Coalition, challenged the law and obtained a preliminary injunction from a federal district court. But the 5th Circuit Court of Appeals overturned that decision. According to the standard known as reasonable basis review. This requires parties challenging the law to prove that the government did not have a legitimate interest in enacting the statute. or there is no reasonable connection between Government regulations and legitimate interests
Before the Supreme Court on Thursday, Derek Shaffer, a lawyer representing the Free Speech Coalition, argued that the appeals court erred and should instead subject the law to strict standards of review. That would place the burden on Texas to prove that HB 1181 not only pursues a compelling state interest. But it is also designed to be narrower and not be too burdensome for adults.
Although states There will be strong interest in limiting minors' access to pornography. But Texas' age verification requirements may fail a thorough test, Shaffer argued, because age verification requirements create a huge burden on adults by requiring them to create permanent documents. Digital records of visits to pornographic websites He argued that Texas has failed to consider other technological solutions, such as content filters for minors' devices, which could be hacked or made public. which will not create a burden on adult viewers.
Nielsen, who represents Texas Claims that porn sites can use biometric identifiers such as handprints or facial recognition. without causing privacy concerns or creating too much of a burden on adults “Age verification is now easy, safe and common. This includes anonymous methods,” he said.
In his questioning, the judge did not delve into the effectiveness or privacy implications of various age verification technologies. Their review focuses on how to interpret the courts' decades-old rulings on when strict scrutiny should be applied. This is because the internet has undergone significant changes since the last time these cases were decided.
“For us to use anything less than (In addition to rigorous scrutiny) it overturns precedent in at least five respects,” Judge Elena Kagan said at one point.