Legal experts say a 5th Circuit decision to uphold part of a Texas law regulating adult entertainment websites conflicts with U.S. Supreme Court precedent regarding minors’ access to obscene material online
Attorney General Ken Paxton speaks during a reception for Jared Woodfill at the Federal American Grill on Feb. 5 in Houston.In the latest installment of the dispute between adult content websites and Texas lawmakers, Pornhub suspended service to Texans on Thursday arguing a state law infringes on adults’ rights to access protected speech.
In the most recent decision on March 7, the 5th Circuit decided the age-verification component of the law could stand, but ruled that the law’s required health warnings unconstitutionally compelled speech.“Unfortunately the Texas law for age verification is ineffective, haphazard, and dangerous.
“Sites like PornHub are on the run because Texas has a law that aims to prevent them from showing harmful, obscene material to children,” said Paxton. “In Texas, companies cannot get away with showing porn to children. If they don’t want to comply, good riddance.” The court argued that efforts to prevent minors from accessing obscene materials, such as age verification, could impede communication between adults.
Goldman said the Supreme Court has already ruled on the regulation of online obscene materials in light of the Ginsberg case. He said the nation’s highest court determined that the internet is different from the offline world, and the two cannot be treated the same way.
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