Washington – Thanks to the Internet and smartphones, children today have instant access to vast amounts of online pornography, much of it graphic, violent and offensive, Texas state attorneys told the Supreme Court on Wednesday.
they He urged the judges To restore the rules of an earlier era, when X-rated theaters and libraries had an adults-only policy.
Last year, Texas enacted an age verification law requiring porn sites to verify that their users are 18 or older.
Lawyers from 23 other Republican-led states joined in support of Texas, saying they have taken or plan to adopt similar measures.
The court’s conservative justices have indicated a willingness to support these new laws.
They noted that age verification rules are now common in online gambling and purchasing alcohol or tobacco online.
But more importantly, they pointed to the radical change in technology and easy availability of explicit pornography.
Chief Justice John J. Roberts Jr.: “We are in a completely different era. The technological ability to access pornography has increased.”
He said that requires reconsidering decades-old rulings that invoked the First Amendment to overturn anti-pornography measures.
In one such ruling, the court said in 2004 that parents and librarians could use filtering software to protect children from pornography.
Justice Amy Coney Barrett said parents have long known that “filter” programs are not effective in protecting children. “Children can access pornography online through gaming systems, tablets, phones and computers,” she said. “I can say from personal experience…content filtering doesn’t work.”
She has said in the past that the court has no problem upholding laws that prohibit bookstores from selling sexually explicit books or magazines to children or teens.
She wondered why online pornography needed to be treated differently.
Washington attorney Derek Shaffer, who represented the adult entertainment industry that challenged the Texas law on First Amendment grounds, said the Texas law could have a “chilling effect” on adult customers who may be wary of providing personal information needed to verify age and identity.
Texas State Attorney Aaron Nelson said the new age verification systems allow customers to confirm their age online without directly connecting to a specific website.
“Age verification is simple, safe and common,” he said.
Judges and lawyers spent much of their time determining the free speech standard that should apply to such a law.
In the past, the court has said that anti-pornography laws must be viewed “with strict scrutiny.” This usually leads to narrowing the scope of these laws or eliminating them.
By contrast, the Fifth Circuit Court allowed the Texas law to take effect because it was a “rational” way to protect children.
Several justices said they would vote to uphold the Texas law, but they may also agree to send it back to the 5th Circuit Court for a second hearing.
Republican-led states have pointed to the growing pornography problem.
“The average child is exposed to Internet pornography while in elementary school.” Written by the State Attorney for Ohio And Indiana. “Porn websites receive more traffic in the United States than social media platforms Instagram, TikTok, Netflix, and Pinterest combined.”