Texas AG Briefs US Supreme Court on AV Argument

Texas AG Briefs US Supreme Court on AV Argument

WASHINGTON — Texas Attorney General Ken Paxton on Friday submitted his brief to the U.S. Supreme Court on behalf of the state's age verification law, HB 1181, which is being challenged by a group led by Free Speech Coalition (FSC).

In March, the 5th Circuit Court of Appeals partially upheld the law, which was challenged as an infringement on First Amendment free speech protections by FSC along with 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.

The Supreme Court granted the petition for a writ of certiorari in July, agreeing to hear the case. Oral arguments are scheduled for Jan. 15.

The issue at hand is whether the 5th Circuit applied the proper level of scrutiny to the law, which the FSC-led group argues was not the case. In his brief, Paxton disputes this claim.

"Texas seeks to protect kids from some of the most prurient sexual content imaginable," he writes. "And the means Texas has chosen is appropriate. Texas has addressed only websites dedicated to pornography, has allowed them to comply by using common age-verification technology, and has not imposed criminal penalties. Such a modest but important law satisfies any level of scrutiny."

The brief also reiterates debunked theories on the harms of pornography.

"Pornography harms children, a fact petitioners nowhere deny," Paxton writes. "Children who habitually view pornography are more likely to exhibit behavioral problems such as emulating sexual strangulation, dating violence, and sexual coercion. Adolescent viewers are thus at higher risk of intimate partner cyberstalking and adult perpetration of child sexual abuse."

Adult industry attorney and First Amendment expert Corey D. Silverstein, who filed an amicus brief in the Texas case on behalf of the Electronic Frontier Foundation (EFF) and the Woodhull Freedom Foundation, said he was not surprised by Paxton's arguments.

"His briefing only emboldens my belief that he has little regard for the First Amendment or existing case precedent," Silverstein told XBIZ. "I believe that the Supreme Court will utilize their wisdom and see right through the weak argument that reasonable review is the correct level of scrutiny on this case — he couldn't be any more wrong."

Copyright © 2026 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Playboy Partners With Creator Platform Tango

Playboy has partnered with creator platform Tango, introducing Playmates to the livestreaming service.

Anti-Porn Senator Introduces Federal Age Verification Bill

U.S. Senator Jim Banks of Indiana, who last month urged the Department of Justice to ramp up obscenity prosecutions, on Wednesday introduced a bill that would make age verification by adult websites federal law.

AEBN Publishes Popular Searches by Country for April, May

AEBN has released the list of popular searches from its straight and gay theaters, by country, for April and May.

Ondato Joins Pineapple Support as Sponsor

Age and identity verification company Ondato has joined the ranks of over 70 adult businesses and organizations committing funds and resources to Pineapple Support.

2026 XBIZ Amsterdam Website Now Live, Registration Opens

XBIZ is pleased to announce that the website for its annual European conference, XBIZ Amsterdam, is now live.

MyMember.site Integrates FSC's 'PrivateAV' Age Verification Solution

MyMember.site has integrated Free Speech Coalition's PrivateAV age verification tool into its website-building platform.

Pearl Industry Network Opens Beta for Creator Networking App

Industry trade group Pearl Industry Network (PiN) has launched beta testing for the PiN Member App, a networking and collaboration tool for content creators.

FSC: W.V. Age Verification Law Takes Effect June 12

The Free Speech Coalition has issued a reminder notice that West Virginia's age verification law takes effect on June 12, 2026.

Pineapple Support Taps Brad Mitchell, Jean-Micheal Veen for Senior Leadership Positions

Pineapple Support has named Brad Mitchell as its new board president and Jean-Micheal Veen as technology and development chair.

WOW Tech, XR Brands Reach Settlement in Patent Infringement Dispute

XR Brands and Lovehoney Group subsidiary WOW Tech Group have settled a patent dispute over WOW's Pleasure Air Technology.

Show More