Texas Judge Pauses AG Ken Paxton's Aylo Lawsuit Until SCOTUS Decision

Texas Judge Pauses AG Ken Paxton's Aylo Lawsuit Until SCOTUS Decision

AUSTIN, Texas — A Texas district judge granted a request Wednesday to pause proceedings in the lawsuit filed by Attorney General Ken Paxton against Aylo over Pornhub’s alleged failure to implement Texas’ controversial age verification requirements, pending the outcome of the Free Speech Coalition-led lawsuit against Paxton, which will be heard by the Supreme Court during the next term.

Judge Amy Clark Meachum granted Aylo’s request without providing additional explanation, Bloomberg Law reported.

As XBIZ reported, earlier this month SCOTUS granted certiorari in the FSC challenge to Texas’ age verification law HB 1181, passed by the Texas legislature as a much-augmented version of Louisiana’s age verification law and its many copycat versions promoted by religious conservatives in other states.

At the time, FSC condemned the law as “blatantly unconstitutional” and a “violation of the First Amendment rights of creators, consumers and platforms.”

FSC filed the ongoing legal challenge in August 2023. Joining the FSC as co-plaintiffs were an array of adult platforms and workers, including MG Premium and MG Freesites, which are now Aylo companies; Webgroup Czech Republic; NKL Associates; Sonesta Technologies; Sonesta Media; Yellow Production; Paper Street Media; Neptune Media; Mediame; Midus Holdings; and Jane Doe, an adult content creator.

In February, Paxton filed a lawsuit against Aylo, alleging the company was in violation of Texas’ controversial age verification law, which at the time also mandated that adult websites post a “health warning” perpetuating religious anti-porn propaganda myths.

Paxton posted an “alarm” emoji on his X account, and wrote that Texas “has a right to protect its children from the detrimental effects of pornographic content.” 

“I look forward to holding any company accountable that violates our age verification laws intended to prevent minors from being exposed to harmful, obscene material on the internet,” Paxton added.

Industry attorney Corey Silverstein, of Silverstein Legal, told XBIZ at the time, “This is a disturbing and distressing turn of events. The audacity of the state of Texas, to proceed with this case while the court of appeals is weighing the unconstitutionality of this law, is an absolute shame.”

HB 1181 was authored by Paxton’s wife, state Sen. Angela Paxton, reportedly with input from pastor Mike Buster of the Prestonwood Baptist megachurch, to which the Paxtons belong.

Paxton missed the earlier phase of the FSC-led litigation because he was being impeached by a bipartisan coalition in the Texas legislature over corruption and had temporarily been replaced as AG. He was later acquitted after several Republicans who had initially voted to impeach him voted in his favor at his impeachment trial.

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