Texas can enforce a new law requiring age verification to access online pornography after the U.S. Fifth Circuit Court of Appeals lifted an injunction against the measure.
On Tuesday, a three-judge panel of the appellate court granted the state’s request to stay a lower court’s preliminary injunction, which had prevented Texas from implementing the law to protect kids from porn.
The law, known as House Bill 1181, requires commercial porn websites to use “reasonable” methods to verify that users are at least 18 years of age before they access X-rated content online. Violators face hefty fines.
Texas lawmakers passed HB 1181 during this year’s regular legislative session, and Gov. Greg Abbott signed the bill into law in June.
In August, Pornhub—the largest online platform for sharing sex videos—sued Texas along with other pro-porn plaintiffs to keep HB 1181 from taking effect on September 1.
A federal district judge sided with porn industry plaintiffs in the lawsuit, claiming that the law to protect minors from accessing adult content likely violates the First Amendment.
On August 31, U.S. District Judge David Ezra granted Pornhub’s request to temporarily stop the state from enforcing the age-verification requirement while the challenge to HB 1181 is litigated.
The Fifth Circuit’s order stays the district court’s injunction pending appeal and lifts an administrative stay that had blocked enforcement of the law.
“Texas has a right to protect its children from the detrimental effects of pornographic content,” Texas Attorney General Ken Paxton said in response to the ruling. “As new technology makes harmful content more accessible than ever, we must make every effort to defend those who are most vulnerable.”
The judges heard oral arguments on the state’s expedited appeal on October 4 and said they will issue an expedited opinion “as soon as reasonably possible.”
In a separate filing submitted by the state to the district court, Texas countered claims made by the porn industry plaintiffs challenging the legality of HB 1181.
Pornhub is the target of multiple lawsuits accusing the company of profiting from uploaded videos of child sexual abuse featuring victims as young as three years old.
Pornography is a multibillion-dollar global industry.
No ads. No paywalls. No government grants. No corporate masters.
Just real news for real Texans.
Support Texas Scorecard to keep it that way!
