TEXAS, USA — PornHub and a multitude of other companies owning adult content websites have filed a lawsuit against the State of Texas over a new law passed last session, which they claim violates multiple constitutional amendments.
The law, passed as House Bill 1181, which will go into effect on Sept. 1, would require adult website like PornHub to have age verifications and health warnings before users can enter the websites.
The health warnings include statements such as "Exposure to this content is associated with low self-esteem and body image, eating disorders, impaired brain development, and other emotional and mental illnesses," as well as another warning claiming pornography increases the demand for prostitution, child exploitation and child pornography.
The lawsuit, filed by Free Speech Coalition Inc. alongside other companies, argues this law violates the First, Eighth and Fourteenth Amendments of the U.S. Constitution.
It argues the act's age verification requirement is "overbroad and fails strict scrutiny" by employing the least effect yet most restrictive means of accomplishing the state's stated purpose of protecting minors.
"[T]he law excludes search engines and most social media sites even though they pose a greater risk of exposure to adult content; and protected speech will be chilled as adults refuse to risk sharing and exposing their personal information that could lead to financial or reputational harm," the suit reads.
It also argues the health warning requirements are "a classic example of the state mandating an orthodox viewpoint on a controversial issue."
"Texas could easily spread its ideological, anti-pornography message through public service announcements and the like without foisting its viewpoint upon others through mandated statements that are a mix of falsehoods, discredited pseudo-science, and baseless accusations," the suit argues.
The law, the suit argues, also violates the equal protection clause of the Fourteenth Amendment because it makes exceptions for search engines and most social media websites.
State Rep. Matt Shaheen (R-Plano) argued in a statement that the bill was passed to protect Texas children from being sexualized and accused the adult industry of suing the state to block that effort.
“All decent people understand the sexualization of children is wrong and Texas will do everything to protect them," Shaheen said in a statement. "However, these predatory extremists are making a shameful attempt to steal the innocence of our children and I will do everything to stop these sick individuals.”
