VICTORY! Supreme Court Decision Protects Children, Upholding Age Verification Law 

Damien was a self-described “happy child with big dreams for the future.” He was the top student in his class.

That was before he discovered pornography.

Like so many others, Damien came across pornography as a child. He was only 12 years old when he began using it regularly. After that, his grades dropped dramatically. He became anxious, depressed, and lethargic. He had difficulty interacting with others or even performing basic daily tasks.

Damien tried to quit pornography. For years, he employed every strategy he could think of. But he continually failed.

Now consider: What if we rewound the clock? What if Damien never became addicted to pornography to begin with?  

What if there were protective measures in place, so that Damien was never exposed to pornography as a child? Never found this content at a time when his developing brain was so susceptible to addiction?

Well, today, the Supreme Court has upheld a law that could have protected Damien! 

This morning, our country’s highest court ruled that Texas’s age verification law, which requires that pornography websites verify users are 18+ before granting them access, is CONSTITUTIONAL! The Court ruled that requiring age verification to protect children from explicit content does not violate free speech, as opponents argued.

This ruling is a massive victory in the fight to protect children from pornography because it not only allows Texas’s age verification law to stand, but paves the way for other states to pass similar legislation.
 
Today, we are one major step closer to a world where the pornography industry can no longer prey on our children! 

A Hard-Fought Battle for Child Safety Ends in Victory After Months of Anticipation 

Back in January, arguments were heard in front of the Supreme Court for FSC v Paxton, a case regarding the constitutionality of a Texas law (H.B. 1181) that requires pornography websites to verify that their users are 18+.

Opponents of the law argued that it infringes on adults’ free speech right to access pornography and that age verification methods are too burdensome on adults. But there is something much more troubling at the core of this argument: Pornography companies oppose age verification because they want to preserve every ounce of their profit at all costs—even the cost of children’s wellbeing.  

Age verification is a simple, common-sense remedy that would prevent countless children from being victimized by pornography addiction. We are beyond thrilled that the Supreme Court has ruled in favour of this important protection!

Highlights From the Court’s Opinion 

The Court recognized an argument that child safety advocates have long been making: If a child cannot go into a brick-and-mortar store and purchase pornography, why is it acceptable for them to easily access it in the digital space? 

The majority opinion, written by Justice Thomas states: 

“Because proof of age performs the same critical function online that it does in person, requiring age verification remains an ordinary and appropriate means of shielding minors in the digital age from material that is obscene to them.” 

The Court’s decision also highlights the erroneous argument by opponents that age verification to protect children limits the free speech rights of adults. 

Adults have no First Amendment right to avoid age verification, and the statute can readily be understood as an effort to restrict minors’ access. Any burden experienced by adults is therefore only incidental to the statute’s regulation of activity that is not protected by the First Amendment… 

“Because the First Amendment permits States to prohibit minors from accessing speech that is obscene to them, it likewise permits States to employ the ordinary and appropriate means of enforcing such a prohibition. Requiring proof of age to access that speech is one such means.” 

The Undeniable Harms of Pornography to Children

Pornography addiction erodes one’s interpersonal relationships, creates dangerous expectations for sexual interactions, and wreaks havoc on a person’s life. The content is easily accessible, and the variety is seemingly limitless. Combine this with early exposure to it as a child or teenager, and a user is much more susceptible to addiction.

This makes pornography a very lucrative business. Porn companies make billions by feeding into an addiction that destroys people’s lives. 

What are the impacts of excessive pornography consumption or addiction? Perhaps most disturbingly, it increases the likelihood of committing sexual violence or being victimized by sexual violence. Further, one survey found that young men and women with greater pornography use were more likely to have bought or solicited sex. 

Another devastating impact of pornography addiction is its affects on one’s personal life and mental state. Research consistently associates it with mental health problems and poor academic achievement. 

The damage that pornography imposes on children is exactly why countries across the globe have already implemented age verification. The European Union, which includes 27 European nations, requires three of the world’s largest porn companies, Pornhub, XVideos, and Stripchat, to verify the age of their users under the Digital Services Act.

These are only some of the reasons why age verification is so vital! We are grateful that the Supreme Court has ruled in favor of protecting children from the devastating effects of pornography.

Thank you for celebrating this historic victory with us! We look forward to a world where children can grow up in innocence, and parents can rest easy knowing their child is safe from harm.

Download this resource about the harms of pornography on children

The Numbers

300+

NCOSE leads the Coalition to End Sexual Exploitation with over 300 member organizations.

100+

The National Center on Sexual Exploitation has had over 100 policy victories since 2010. Each victory promotes human dignity above exploitation.

93

NCOSE’s activism campaigns and victories have made headlines around the globe. Averaging 93 mentions per week by media outlets and shows such as Today, CNN, The New York Times, BBC News, USA Today, Fox News and more.

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