Supreme Court backs Texas in requiring ID for porn access to protect children online.(Photo by Chip Somodevilla/Getty Images)
Washington, D.C. — The US Supreme Court has upheld a controversial Texas online safety law that mandates ID verification for access to pornography websites, in a ruling that marks a major shift in how states can regulate adult content online.
In a 6–3 decision, the justices concluded that requiring age verification via government-issued ID or facial recognition falls within a state’s authority to protect minors from online harm.
The court rejected free speech challenges brought by PornHub and other adult content platforms.
Texas Porn ID Verification Law Backed by Supreme Court
Writing the majority opinion, Justice Clarence Thomas stated, “The power to require age verification is within a State’s authority.” The ruling leaned on a 1968 precedent upholding a New York law that barred the sale of explicit materials to minors — a legal foundation Texas used to argue that online obscenity laws should evolve alongside technology.
In opposition, adult content sites argued that the 2023 law infringes on First Amendment rights by forcing users to disclose personal information, which may discourage lawful adult use.
“Adults… understand that they are thereby exposing themselves to inadvertent disclosures, leaks, or hacks,” attorneys for the adult industry argued in court filings.
Legal Precedent Supports Porn ID Verification for Online Safety
Texas lawyers cited a 1968 Supreme Court decision and emphasized that “the principles of that law have not changed just because obscenity has moved online.”
Opponents referenced a 2004 ruling in which the Court struck down attempts to criminalize online content that could be harmful to minors, arguing that the current law contradicts established precedent.
Supreme Court Decision Fuels Broader Movement for Content Controls
The ruling is expected to influence other states. Already, more than a dozen have introduced or passed similar laws requiring ID checks for explicit content. Legal experts say the Supreme Court’s endorsement of Texas’s law could pave the way for broader digital content regulation.
Critics warn this ruling could set a precedent affecting not just adult websites, but forums, art platforms, and sex education content. However, public opinion remains largely in favor of protecting minors from adult material online.
For further information on state-level internet safety laws, visit the National Conference of State Legislatures.
Implications for Adult Content Sites and First Amendment Law
Lawyers representing adult websites relied heavily on the 2004 Ashcroft v. ACLU decision, which ruled against laws that chilled online speech by criminalizing content deemed harmful to minors.
Yet the Court remained firm in its stance, noting that the risk of privacy intrusion can be mitigated through modern tools like encrypted third-party ID verification.
Texas Attorney General Ken Paxton praised the ruling as a “victory for families.”
He added that the decision empowers states to establish necessary digital safeguards for children, aligning with evolving societal standards on internet use and accountability.
