WASHINGTON, Jan 15 (Reuters) - The Supreme Court is set to hear a challenge on free speech grounds to a Texas law that mandates pornographic websites to verify users' age, raising questions about state efforts to prevent minors from accessing such material online.
A trade group representing adult entertainment performers and companies contested a decision upholding Texas' age-verification rule, arguing that it likely does not violate the First Amendment of the U.S. Constitution, safeguarding freedom of speech.
Enacted in 2023, the Texas law is one of 19 similar measures across the United States, primarily in Republican-governed states, reflecting concerns about the impact of online explicit content on minors' well-being.
The law mandates websites with over a third of content deemed "sexual material harmful to minors" to collect personally identifying information from all users to confirm they are at least 18 years old.
Challengers, including the ACLU and the Free Speech Coalition representing adult content performers and companies, contest that online age verification infringes on adults' free speech rights, exposing them to identity theft risks.
The dispute tests the balance between state efforts to shield minors from harmful material and adults' access to constitutionally protected content. Challengers argue that content-filtering tools and on-device age verification are more effective in protecting minors than restrictive laws.
Texas argued that the easy access children have to explicit content online, including violent and misogynistic material on pornographic websites, necessitates stringent measures.
Courts have been divided on the law's constitutionality, with a U.S. District Judge issuing an injunction in 2023 and the 5th Circuit Court of Appeals later lifting part of the injunction, while upholding another against displaying "health warnings" on websites.
The administration urged the Supreme Court to review the case under stricter scrutiny, aiming to overturn the 5th Circuit's decision.