Age Verification for Porn Sites Is Constitutional — and Necessary

The Fifth Circuit got it right in its ruling on Texas’s new age-verification law. Other states should take heed.

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Porn companies do nothing to shield our children from their explicit and obscene content, which is increasingly violent and barbaric. That may finally change, thanks to Texas’s new age-verification law for porn sites, H.B. 1181, and the recent Fifth Circuit opinion in Free Speech Coalition v. Paxton upholding it.

Inspired by the example of Louisiana, seven states, Texas among them, have adopted legislation in the last two years to restrict minors’ access to obscenity on the Web. Perhaps as many as a dozen more states will follow suit in 2024. After years of legislative inaction, this is the first serious effort to block American kids from accessing porn sites since the Supreme Court struck down the federal Children’s Online Protection Act (COPA) in Ashcroft v. ACLU (2002).

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About the Author

Adam Candeub

Adam Candeub is a professor of law at Michigan State University’s College of Law and a senior fellow at the Center for Renewing America.

Clare Morell

About the Author

Clare Morell

Clare Morell is a fellow at the Ethics and Public Policy Center and author of The Tech Exit: A Practical Guide to Freeing Kids and Teens from Smartphones.

Michael Toscano

About the Author

Michael Toscano

Michael Toscano is the director of the Family First Technology Initiative with the Institute for Family Studies.

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