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Court Rules in Pornhub’s Favor in Finding Texas Age-Verification Law Violates First Amendment
Variety ^ | Sept 1 | By Todd Spangler

Posted on 09/01/2023 12:40:32 AM PDT by RandFan

A federal judge ruled Thursday that a Texas law requiring pornography sites to institute age-verification measures — and add prominent warning labels about the alleged dangers of porn — violates the U.S. Constitution’s First Amendment prohibition against free-speech restrictions.

A lawsuit seeking to overturn the Texas legislation was filed Aug. 4 by the Free Speech Coalition, a group that included Pornhub’s parent company, adult industry advocacy groups and an adult performer (referred to in filings as “Jane Doe”).

Under the Texas law, which was set to go into effect Sept. 1, 2023, porn sites would have been required to use “reasonable age verification methods” to “verify that an individual attempting to access the material is 18 years of age or older.” In addition, pornography sites would have been forced to display a “Texas Health and Human Services Warning” in at least 14-point font — one such warning was specified to read, “Pornography increases the demand for prostitution, child exploitation, and child pornography” — along with a national toll-free number for people with mental health disorders. Texas Gov. Greg Abbott signed H.B. 1181 into law on June 12.

In the Aug. 31 ruling, Senior U.S. District Judge David A. Ezra of the U.S. District Court for the Western District of Texas wrote, “The Court finds that H.B. 1181 is unconstitutional on its face.” The ruling enjoined Angela Colmenero, acting attorney general of Texas, from taking any enforcement action under H.B. 1181 “pending further order or final judgment.”

“The statute is not narrowly tailored and chills the speech of Plaintiffs and adults who wish to access sexual materials,” Ezra said in the decision. “[T]he law is not narrowly tailored because it substantially regulates protected speech, is severely underinclusive, and uses overly restrictive enforcement methods.”

(Excerpt) Read more at variety.com ...


TOPICS: Constitution/Conservatism; Miscellaneous; News/Current Events
KEYWORDS: billofrightsabuse; blackrobedperverts; chat; davidaezra; davidezra; groomers; grooming; pornography; wdtexas
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This is an interesting one for FR and conservatives.

There are those who think porn is an abomination and should be restricted and then there are those who are constitutionalists and say it's protected speech by the First Amendment.

Where do you stand?

1 posted on 09/01/2023 12:40:32 AM PDT by RandFan
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To: RandFan

What makes pro-porn people “constitutionalists” (sic)?


2 posted on 09/01/2023 12:48:07 AM PDT by Olog-hai ("No Republican, no matter how liberal, is going to woo a Democratic vote." -- Ronald Reagan, 1960)
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To: RandFan

Porn isn’t speech.


3 posted on 09/01/2023 12:51:57 AM PDT by Mr. Blond
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To: Olog-hai; All

I would describe myself as more libertarian and thought this issue was settled in the 60s!

But now with the prevalence of porn are States allowed to pursue reasonable age related restrictions?

I dont know.

Would be an interesting case for the Supreme Court and perhaps a landmark one...


4 posted on 09/01/2023 12:53:52 AM PDT by RandFan
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To: RandFan

Definitions:

White House: Groomer in Chief


5 posted on 09/01/2023 1:35:01 AM PDT by Varsity Flight ( See"War by🙏🙏 the prophesies set before you." I Timothy 1:18. Nazarite prayer warriors. 10.5.6.5)
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To: RandFan

The Left thinks the First Amendment protects porn for kids but does not protect political speech they don’t like.


6 posted on 09/01/2023 1:38:19 AM PDT by UnwashedPeasant (The pandemic we suffer from is not COVID. It is Marxist Democrat Leftism.)
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To: RandFan

Mental Health verification: “I did not vote for the current Groomer in Chief occupying the White House”

Proceed.....


7 posted on 09/01/2023 1:38:32 AM PDT by Varsity Flight ( See"War by🙏🙏 the prophesies set before you." I Timothy 1:18. Nazarite prayer warriors. 10.5.6.5)
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To: RandFan

❌ “This is an Unhealthy Non-Verified Site”

Healthy hotline re-direct.....


8 posted on 09/01/2023 1:46:58 AM PDT by Varsity Flight ( See"War by🙏🙏 the prophesies set before you." I Timothy 1:18. Nazarite prayer warriors. 10.5.6.5)
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To: RandFan

I stand with the First Amendment. The kids need better parents.


9 posted on 09/01/2023 1:54:29 AM PDT by roving (👌⚓Deplorable Listless Vessel with Trumpitist who looks Trumpish)
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To: roving

I’m wondering how the Supreme Court would rule on this.

I think they would side with you but it could be close!


10 posted on 09/01/2023 2:00:07 AM PDT by RandFan
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To: RandFan

Making porn is “speech”. Viewing porn by children, not so much. Why restrict children from making porn? That seem the perverted next step.


11 posted on 09/01/2023 2:24:34 AM PDT by FatherofFive (I support Trump. Not the GOP)
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To: roving

Technology has replaced the parents so some reasonable age rules regarding accessing porno sites is logical.

The hard work is in defining “reasonable” within the context of the Frist Amendment.


12 posted on 09/01/2023 2:39:35 AM PDT by MadMax, the Grinning Reaper (Figures )
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To: RandFan

By definition, minors do not enjoy full rights but are under the supervision of their parents.


13 posted on 09/01/2023 3:20:52 AM PDT by Petrosius
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To: Petrosius; MadMax, the Grinning Reaper

There is an argument to be had i.e kids cannot buy tobacco or alcohol. The States can regulate this, right?

This will go to the Supreme Court.

One thing about the 1960’s porn wasn’t as prevalent/pervasive as it is now.

Some of the justices maybe sympathetic.


14 posted on 09/01/2023 3:29:56 AM PDT by RandFan
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To: RandFan

Show me a single founding father (constitutionalist) who would stand with granting Canadian pornhub free access to children.
It’s amazing to see so many people standing with social media companies and purveyors of filth as they demand unfettered access to children.

Shows how far we have fallen that their sophistry spins this as free speech. No founder would agree.


15 posted on 09/01/2023 3:45:48 AM PDT by DesertRhino (Dogs are called man's best friend. Moslems hate dogs. Add it up..)
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To: RandFan

Don’t know what 60s you are referring to. In the 60s a 12 or 13 year old couldn’t walk into a porn theater or buy playboy.


16 posted on 09/01/2023 3:48:50 AM PDT by DesertRhino (Dogs are called man's best friend. Moslems hate dogs. Add it up..)
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To: DesertRhino

Sorry I should say the 70’s / 80s with the Hustler case and Larry Flynt

Before my time


17 posted on 09/01/2023 3:50:59 AM PDT by RandFan
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To: RandFan

The hustler case was about parody. Nothing more. But even in the 80s 12 and 13 year old kids couldn’t walk into a porn theater or buy hustler. But that was before the revolutionary socialist revolution in America. Now they can get abortions or sex changed at any age.


18 posted on 09/01/2023 3:55:00 AM PDT by DesertRhino (Dogs are called man's best friend. Moslems hate dogs. Add it up..)
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To: DesertRhino

I understand the argument but it seems accepted that the Hustler case effectively legalized it.

Do you think the Supreme Court might want to weigh in? Its been a long time.


19 posted on 09/01/2023 4:00:17 AM PDT by RandFan
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To: RandFan

‘I understand the argument but it seems accepted that the Hustler case effectively legalized it.”

Don’t forget COPA, The Children’s Online Protection Act. The GOP Congress passed it at the dawn of the internet era. Clinton signed it.

The Supreme Court threw it out.

https://en.wikipedia.org/wiki/Child_Online_Protection_Act


20 posted on 09/01/2023 4:08:51 AM PDT by Luke21
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