In this column, I question the constitutionality of laws requiring age verification for pornographic websites, focusing on Free Speech Coalition, Inc. v. Paxton, a case the U.S. Supreme Court agreed to review. The Texas statute, H.B. 1181, mandates that adult sites verify that visitors are adults—using methods like government IDs or facial recognition—before granting access, in an effort to shield minors from harmful material. While the Fifth Circuit upheld the law under Ginsberg v. New York, applying a lenient rational-basis standard, I highlight serious First Amendment concerns. A vigorous dissent argues that the statute imposes content-based burdens on constitutionally protected speech and chills adult access by forcing them to “show their papers” and risk privacy. Other, less intrusive alternatives exist, and I emphasize the importance of protecting free speech without unnecessary restrictions.
