Supreme Court backs age checks on porn sites
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State legislation can force porn websites to verify users' age, the Supreme Court ruled Friday.
Why it matters: Arkansas has a law similar to the Texas one that went to court, and the 6-3 ruling last week has implications for online free speech that reach beyond sexuality explicit websites, critics say.
Flashback: Arkansas' law, the Protection of Minors from Distribution of Harmful Material Act, went into effect in 2023 and requires either a website or a third-party vendor to verify a user is 18 or older from "all of the data elements visible on the face and back of a license or identification card" each time they try to access the site.
- Pornhub blocked all access to its site in Arkansas rather than implement age verification.
Zoom in: The Supreme Court considered the constitutionality of a Texas law that would require age verification on websites where more than a third of the context is sexually explicit.
- The law requires adult websites to verify users' ages by asking them to submit a copy of their government-issued ID.
- A federal appeals court previously upheld the law, saying it furthers the "government's legitimate interest" in protecting children from pornography and does not violate the First Amendment.
Context: The Supreme Court had repeatedly struck down federal laws that would compel websites to verify the age of their users in order to protect children.
The other side: Free speech advocates argued the law not only violates adults' privacy but also fails to protect children from accessing porn.
- The broad definition of sexually explicit materials could affect streaming services, online bookstores and other mainstream websites, according to opponents.