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Slashdot: Texas Law Requiring Age Verification On Porn Sites Ruled Unconstitutional

Texas Law Requiring Age Verification On Porn Sites Ruled Unconstitutional
Published on September 01, 2023 at 03:30AM
An anonymous reader quotes a report from Ars Technica: The day before a Texas antiporn law that requires age verification to access adult websites was set to take effect, the state's attorney general, Angela Colmenero, has been at least temporarily blocked from enforcing the law. US District Judge David Alan Ezra granted a preliminary injunction temporarily blocking enforcement after the Free Speech Coalition (FSC) joined adult performers and sites like Pornhub in a lawsuit opposing the law. Today, they convinced Ezra that Texas' law violates the First Amendment and would have "a chilling effect on legally-protected speech," FSC said in a press release. "This is a huge and important victory against the rising tide of censorship online," Alison Boden, FSC's executive director, said. "From the beginning, we have argued that the Texas law, and those like it, are both dangerous and unconstitutional. We're pleased that the court agreed with our view that [the law's] true purpose is not to protect young people, but to prevent Texans from enjoying First Amendment protected expression. The state's defense of the law was not based in science or technology, but ideology and politics." Now, Texas will have to wait until this lawsuit is litigated to enforce the law. [...] According to FSC, in addition to free speech concerns, the law needed to be blocked because it would have exposed consumers to "significant privacy risks" by forcing adult-website visitors to show digital IDs. A spokesperson for Pornhub's parent company Aylo told Ars: "We are pleased with the court's decision today, which reaffirms our position that the age verification law implemented in Texas is unconstitutional. We have publicly supported mandatory age verification of viewers of adult content for years, but any method of age verification must preserve user privacy and safety." "The only solution that makes the Internet safer, preserves user privacy, and stands to prevent children from accessing age-inappropriate content is performing age verification at the device level," Aylo's spokesperson said. "We are pleased that the court recognizes the severity of compelled speech and its presence in this law that Texas has implemented. We are proud to fight for our industry and the performers that use it to legally earn a living, and we are glad to see the court recognize that this law is unconstitutional and would have required adult entertainers to falsely imply that their content poses health risks." A similar age verification initiative in Australia was halted yesterday, citing concerns around privacy and security of the technology.

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