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

UPDATED: Court Approves Class Action in Labor Claims Against VMG

A U.S. district court has granted class certification in a civil lawsuit filed against Vixen Media Group (VMG) by retired performer Kenzie Anne, making it possible for additional performers to join in a class action against the company.

Brazil Invites Public Input on Guidelines for New Digital Law

Brazil’s National Data Protection Authority (ANPD) is soliciting public comments to help improve interpretation and application of the country’s Digital Statute for Children and Adolescents (Digital ECA), which requires adult websites to age-verify users located in Brazil.

X3 Expo Unveils Euro All-Stars for Inaugural Amsterdam Edition

X3 Expo, Hollywood's premier adult entertainment expo, makes its European debut at Passenger Terminal Amsterdam Sept. 11-12, bringing together fans, creators, and industry insiders for the Continent’s largest assembly of adult entertainment stars, alongside a dazzling lineup of attractions spotlighting the cutting edge of modern media and pleasure tech.

2026 Pornhub Awards Nominees Announced

The list of nominees has been revealed for the eighth annual Pornhub Awards, presented by gaming platform 1win, which will be held May 27 in Los Angeles.

AEBN Publishes Popular Searches by Country for February, March

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

BranditScan Rolls Out 'UrLinks' Platform Feature

BranditScan has introduced its new UrLinks homepage feature for creators.

UK Outlaws Content Featuring Choking, Adults Portraying Underage Characters

The U.K.’s Crime and Policing Bill received final passage in Parliament on Monday, including provisions criminalizing depictions of “non-fatal strangulation” as well as sexual content in which adults portray underage characters.

Grooby Launches 30th Anniversary Campaign

Grooby is celebrating its 30th anniversary with a showcase campaign featuring 30 of the studio's newest models.

Island Conference Joins ASACP as Media Sponsor

Island Conference has signed on as an in-kind media sponsor for the Association of Sites Advocating Child Protection (ASACP).

Elly Clutch, Girthmasterr to Host 2026 XMA Creator Awards

XBIZ is pleased to announce Elly Clutch and Girthmasterr as co-hosts of the 2026 XMA Creator Awards, presented by premium creator platform Fansly.

Show More