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

DarkFans Rolls Out 'Configure Limits' Solution

DarkFans has debuted its Configure Limits monetization solution for creators.

Clips4Sale, Free Speech Coalition Partner for 'Creator Workflow' Webinar

Clips4Sale (C4S) and Free Speech Coalition (FSC) have partnered for a webinar titled “Organization & Workflow: Simple Systems for Busy Creators.”

Pineapple Support, Streamate Partner for 'Self-Parenting' Support Group

Pineapple Support and Streamate are hosting a free online support group focused on self-care for performers, titled "Self-Parenting: Becoming Your Own Safe Space."

Nerds of Porn to Relaunch Site Through MyMember.site

Nerds of Porn is relaunching its membership site through MyMember.site on Aug. 14.

SCREEN Act Back in Play: Federal AV Bill Faces Senate Hearing

The U.S. Senate Committee on Commerce, Science, and Transportation has slated a markup session this week for the SCREEN Act, which would mandate site-based age verification of users accessing adult content online on a national level.

Clips.com Launches Lifetime Creator Referral Program

Recently launched creator platform Clips.com has introduced its new lifetime creator referral program.

BranditScan Rolls Out 'Leak Detection' Update

BranditScan has updated its Leak Detection feature for OnlyFans creators.

Arcom Targets 31 Adult Sites Over Age Verification

French media regulator Arcom on Wednesday announced that it is taking action against 31 adult websites that the agency says have failed to implement age verification as required under France’s Security and Regulation of the Digital Space (SREN) law.

AEBN Publishes Popular Searches for May, June

AEBN has published the top search terms for May and June from its straight and gay theaters in all 50 states and the District of Columbia.

Show More