If you try to access Pornhub, one of the world’s biggest websites, from any of 17 US states, you’ll be blocked. Pornhub’s parent company, Aylo Holdings, has restricted access in response to a slew of laws that says Pornhub itself should be responsible for checking that every visitor is over 18. Now, the United States Supreme Court has made a decision on a key age verification law, which could have ramifications for the entire country and the wider internet as a whole.
On Friday, in a 6–3 decision that could reshape the landscape of online privacy and free speech, the Supreme Court upheld in full the Texas age verification law—one of the first passed in the country—requiring many websites publishing pornographic content to check that all visitors are over 18. The law, TX HB1181, says sites that are “more than one-third sexual material” can face fines of up to $10,000 per day if they don’t put in place age verification systems, plus extra penalties of up to $250,000. It also states websites should display health warnings about the potential health risks of pornography.
Writing for the majority, Justice Clarence Thomas said that because the law “simply requires proof of age to access content that is obscene to minors, it does not directly regulate adults’ protected speech,” adding, “adults have no First Amendment right to avoid age verification.”
In her dissent, Justice Elena Kagan argued that the Texas law imposes a direct and unconstitutional burden on adults’ access to protected speech. “A State may not care much about safeguarding adults’ access to sexually explicit speech; a State may even prefer to curtail those materials for everyone,” she wrote, “but the First Amendment protects those sexually explicit materials, for every adult.”
The ruling marks a major victory for Texas attorney general Ken Paxton, who defended the law amid fierce opposition from digital rights groups and the adult entertainment industry.
Legislators in Texas passed HB1181 in early 2023, but it was struck down in the US District Court for the Western District of Texas for potentially being unconstitutional before the law went into effect. Adult industry group the Free Speech Coalition, among others, challenged the Texas law on the grounds that it violates the First Amendment by restricting adults’ access to constitutionally protected speech. In March last year, a Fifth Circuit appeals court upheld the Texas law before the Free Speech Coalition took the case to the Supreme Court in a January hearing.
In recent years, a wave of age verification laws have been proposed in states across the country. More than half of US states have passed or have tried to pass age verification laws, according to a tracker published by the Free Speech Coalition.
“Efforts to regulate online pornography are often the opening move in broader campaigns to censor the internet,” Jess Miers, a visiting assistant professor of law at the University of Akron School of Law, said before the decision. “While this case focuses on mandatory age verification for adult content, state lawmakers are hoping it provides a legal foundation to impose sweeping restrictions on a wide range of online material.”
Attempts to get pornographic websites to implement age checks—more than just clicking a button saying you are over 18—have been accelerating over the past decade, since government officials in the UK passed laws on age verification checks only to delay and abandon them in 2019. Since then, though, a wave of companies and technologies selling age-checking software has rapidly expanded and matured. Adult websites and pornographers aren’t against introducing robust age checks; they say they don’t want children to be exposed to illicit content.
Multiple methods of age verification, which is often called age assurance, have been proposed or developed in recent years, with regulators and governments around the world pushing for them to be used to stop children accessing content that may not be suitable for them. These age verification methods can include, but aren’t limited to, checking someone’s identity against government ID, providing banking details, or using face-checking systems that can predict someone’s age.
Typically, third-party companies are developing the age-checking methods, with adult websites paying to use their services. This can mean people do not directly share their ID documents or other details used to verify their age directly with pornography websites or the companies that own them. Some companies, including Pornhub owner Aylo Holdings and Meta, have argued that age checks should happen by Google and Apple on their respective app stores. Those companies don’t agree.
Repeatedly, privacy and civil liberties experts have stated that any data collection or understanding of how people consume pornography could have devastating consequences if there’s a data breach or information is leaked. (One ID verification company suffered a data breach last year.) Unscrupulous companies could also sell or share data, privacy advocates say.
Last week, the preliminary results of an age checking trial in Australia, which has passed laws to ban under-16s from social media apps, found such systems may not be effective. Plus, age checks can often be easily circumvented by using a VPN. Aylo has claimed that current age verification proposals aren’t effective and push people to smaller websites, which may have fewer safety tools in place to moderate images and videos.
Despite potential concerns, laws mandating companies use age verification systems are being introduced around the world, and multiple companies are adopting the systems. Since 2022, Instagram has been using facial age estimation software to check people’s ages. In April, chat app Discord announced it is testing face scans in the UK and Australia. Regulators in Germany have been pursuing age checks—going as far as to fine individuals posting on X (then Twitter) in 2023—for years. Last week, Pornhub returned to France—it pulled services relating to the country’s age checking at the start of June—after a court ruling limited the law. And by July this year, porn sites and social media platforms operating in the UK are required to introduce “robust” age checks. Pornhub owner Aylo announced on Thursday that it would adopt “government approved age assurance methods” to comply with the law.
With the Supreme Court’s Friday decision, the threat to pornography and sexual expression in the country may be more grave. The Heritage Foundation’s Project 2025 plan, which has been partially followed by the US government, has suggested criminalizing pornography and shutting down its producers. Earlier this year, Senator Mike Lee of Utah proposed the Interstate Obscenity Definition Act, which could redefine what’s considered “obscene” content and potentially ban pornography entirely.
“Once the state has the authority to restrict access to adult content, it will almost certainly broaden the definition of ‘material harmful to minors,’” Miers says. “This could include reproductive health information, LGBTQ+ resources, and educational content related to race, gender, or diversity.”
Additional reporting by Dell Cameron.
