The internet is not for explicit content without proof of age, the Supreme Court held on Friday in a 6-3 decision that upholds a Texas law requiring sites that display such content to verify that visitors are 18 or older.
"The power to require age verification is within a State's authority to prevent children from accessing sexually explicit content," Justice Clarence Thomas wrote in a 36-page opinion that said such a restriction does not require the strictest level of First Amendment scrutiny. "Any burden experienced by adults is therefore only incidental to the statute's regulation of activity that is not protected by the First Amendment."
That affirms the constitutionality of H.B. 1181, a statute passed by large bipartisan majorities and signed into law by Texas Gov. Greg Abbott (R) in 2023.
Its text requires commercial sites hosting content that is at least one-third "sexual material harmful to minors" to use "reasonable age verification methods" to block people under 18.
The...
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