Texas age-verification law for porn sites goes into effect while pending appeal

Although a federal judge declared the law 'unconstitutional on its face,' an appeals court ruled that it can go into effect while legal challenges play out.

click to enlarge Pornhub and a coalition of adult entertainment companies and free speech advocates sued in the state this summer over HB 1181. - Shutterstock / charnsitr
Shutterstock / charnsitr
Pornhub and a coalition of adult entertainment companies and free speech advocates sued in the state this summer over HB 1181.
Texans may want to have their driver's licenses handy next time they log in to ogle naughty content.

A federal appeals court last week ruled that a new state law requiring people to prove they're 18 years or older before watching porn can go into effect while a court battle over the legislation's legality plays out.

In June, Republican Gov. Greg Abbott signed House Bill 1181, which requires any commercial and online entity that distributes pornography to use age verification methods to ensure that users are 18 or older.

A coalition of adult-entertainment sites, including Pornhub, joined free-speech advocates in suing Texas to prohibit the new law from taking effect. In August, a federal judge ruled in the coalition's favor, arguing that the law is overly broad and "unconstitutional on its face."

However, that all changed Nov. 14, when the three-judge U.S. Fifth Circuit Court of Appeals vacated the injunction as Texas appeals the ruling. That means the state can enforce the age-verification law while the court battle plays out.

"Texas has a right to protect its children from the detrimental effects of pornographic content," Attorney General Ken Paxton said in a statement. "As new technology makes harmful content more accessible than ever, we must make every effort to defend those who are most vulnerable."

Under the law, distributors of adult content can be fined up to $10,000 daily for failing to verify the age of users. Companies can also be fined $250,000 per day if at least one child is exposed to pornographic material.

Even so, companies do not appear to be enforcing the law as of press time Tuesday. Visits to several popular adult-content sites did not yield prompts to provide age verification.

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Michael Karlis

Michael Karlis is a Staff Writer at the San Antonio Current. He is a graduate of American University in Washington, D.C., whose work has been featured in Salon, Alternet, Creative Loafing Tampa Bay, Orlando Weekly, NewsBreak, 420 Magazine and Mexico Travel Today. He reports primarily on breaking news, politics...

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