A ruling is made in Texas that ``It is unconstitutional to require age verification when viewing adult sites''
On August 31, 2023, the day before the enforcement of a law requiring age verification for viewing adult sites (Age Verification Law) in the US state of Texas, a U.S. district court ruled that 'The Age Verification Law of the United States The court ruled that it violates the First Amendment.
IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS AUSTIN DIVISION
(PDF file)
Texas law requiring age verification on porn sites ruled unconstitutional [Updated] | Ars Technica
Judge blocks Texas porn age verification law - The Verge
On August 31, 2023, U.S. District Court Judge David Alan Ezra ruled that PornHub, a major adult site, argues that ``the age verification law violates the First Amendment of the United States Constitution and is poorly defined.'' The United States has granted a temporary injunction against HB 1181 , a bill that would require age verification when accessing adult content online.
HB 1181, which was scheduled to go into effect in Texas on September 1, 2023, would require sites and social media sites that contain more than one-third of adult content to provide proof of user identity, such as a government-issued ID. This law requires users to verify that they are 18 years of age or older. HB 1181 also provided that personal information collected would not be retained after the age verification process. However, the FSC has expressed its opposition to HB 1181, arguing that ``age verification may expose users to significant privacy risks.''
'Laws like HB 1181 could potentially violate privacy by allowing government agencies to censor private information about a person's sexuality, such as the websites a user visits or the adult content they view,' Ezra said. There are concerns that there is.'
In addition, Ezra said, ``It is true that Texas enacted HB 1181 with the legitimate purpose of protecting minors from online adult content, but age verification can legally protect minors from online adult content. It is even blocking access for adults who can access it.' In addition, in response to PornHub and the FSC's assertion that 'measures such as parental controls are less restrictive and more effective ways to protect minors from harmful adult content than age verification laws.' I agree.
In addition, HB 1181 would require adult sites themselves to post disclaimers about the dangers of adult content. In response, a U.S. district court ruled that this was unconstitutional as 'coercion of speech.'
'From the beginning, we have argued that HB 1181 and similar laws are dangerous and unconstitutional,' said Alison Borden, FSC executive director. Additionally, we are pleased that the court agreed with our view that this action deprives users in Texas of their First Amendment-protected freedom of expression.'
In addition, a PornHub spokesperson said, ``The method of verifying age when viewing adult content requires companies to protect the privacy and risk of leakage of personal information submitted.Therefore, we do not protect user privacy. 'However, the best way to prevent minors from accessing harmful adult content is to implement age verification at the device level, such as through parental controls,' he said, reiterating the importance of parental controls. doing. 'We are proud to argue on HB 1181 on behalf of the adult industry and the creators who use adult content to legally make a living. 'I am glad that the court ruled that it was unconstitutional.'
Meanwhile, Paige Willey, director of communications for the Texas Attorney General's Office, said, ``The Attorney General's Office will move to immediately lift the injunction,'' and announced the intention to appeal to a federal appeals court. I am. By contrast, the FSC has indicated that it will take action to rule the law unconstitutional in Utah, Louisiana, and Virginia, which also have age verification laws in place.
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