Judge strikes down a Texas law requiring age verification to view adult websites

United States Courts

A federal judge has struck down a Texas law requiring age verification and health warnings to view pornographic websites and blocked the state attorney general’s office from enforcing it.

In a ruling Thursday, U.S. District Judge David Ezra agreed with claims that House Bill 1181, which was signed into law by Texas Gov. Greg Abbott in June, violates free speech rights and is overbroad and vague.

The state attorney general’s office, which is defending the law, immediately filed notice of appeal to the Fifth Circuit U.S. Court of Appeals in New Orleans.

The lawsuit was filed Aug. 4 by the Free Speech Coalition, a trade association for the adult entertainment industry and a person identified as Jane Doe and described as an adult entertainer on various adult sites, including Pornhub.

Judge Ezra also said the law, which was to take effect Friday, raises privacy concerns because a permissible age verification is using a traceable government-issued identification and the government has access to and is not required to delete the data.

“People will be particularly concerned about accessing controversial speech when the state government can log and track that access,” Ezra wrote. “By verifying information through government identification, the law will allow the government to peer into the most intimate and personal aspects of people’s lives.”

Ezra said Texas has a legitimate goal of protecting children from online sexual material, but noted other measures, including blocking and filtering software, exist.

“These methods are more effective and less restrictive in terms of protecting minors from adult content,” Ezra wrote. The judge also found the law unconstitutionally compels speech by requiring adult sites to post health warnings they dispute — that pornography is addictive, impairs mental development and increases the demand for prostitution, child exploitation and child sexual abuse images.

“The disclosures state scientific findings as a matter of fact, when in reality, they range from heavily contested to unsupported by the evidence,” Ezra wrote.

The Texas law is one of several similar age verification laws passed in other states, including Arkansas, Mississippi, Utah and Louisiana.

Related listings

  • Judge allows North Carolina’s revised 12-week abortion law to take effect

    Judge allows North Carolina’s revised 12-week abortion law to take effect

    United States Courts 07/02/2023

    A federal judge ruled on Friday that nearly all of North Carolina’s revised 12-week abortion law scheduled to begin this weekend can take effect, while temporarily blocking one rule that doctors feared could expose them to criminal penalties.Th...

  • Federal court sides with lobster fishers in whale protection case

    Federal court sides with lobster fishers in whale protection case

    United States Courts 06/17/2023

    A federal appeals court has sided with commercial fishermen who say proposed restrictions aimed at saving a vanishing species of whale could put them out of business.The fishermen harvest lobsters and crabs off New England and oppose tough new restri...

  • Court rejects governor’s move to dismiss public records suit

    Court rejects governor’s move to dismiss public records suit

    United States Courts 04/16/2023

    The Iowa Supreme Court on Friday refused to dismiss a lawsuit against Gov. Kim Reynolds that seeks to require her office to respond to public record requests.The court in a unanimous decision rejected Reynolds’ argument that her office wasn&rsq...

Is Now the Time to Really Call a Special Education Lawyer?

IDEA, FAPE, CHILD FIND and IEPs: The Individuals with Disabilities Education Act (IDEA) guarantees all children with disabilities to a free appropriate public education (FAPE). FAPE starts with a school’s responsibility to identify that a child has a disability (Child Find) and create an Individualized Education Program (IEP) to suit the needs of the child.

Forte Law Group is one of only a very few law firms within the state of Connecticut that is dedicated to exclusively representing families and children with special needs.

Parents need to be persistent, dedicated and above all else aware of the many services and accommodations that their child is entitled to under the law. As early as this point within your child’s special education, many parents will often find themselves in the situation asking, “is now the time to really call a special education lawyer?” Here are a few things to consider when asking yourself that question.

Business News

Los Angeles Koreatown Immigration Attorney Immigration Attorney in Los Angeles, California and Across the United States. >> read