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 ...
I think there is a biblical passage that states that if your junk is messed up that you will not be allowed to enter the congregation.
I firmly believe that should be amended to include those that encourage and facilitate such a thing.
So I guess, “Movie Ratings” are also now illegal ...
I forgot about COPA but that was a federal law.
These are state ones, right?
Maybe the Supreme Court would be sympathetic.
People can use a VPN to appear from anywhere. The argument is pointless if one is pragmatic.
No more movie ratings such as R rating (no minors allowed without adult permission) or X rating (no minors allowed)?
No more "You must be 18 to view this website" for firearm websites?
Alcohol and cigarette companies can market directly to children as long as they don't ask for age verification?
I note that U.S. District Judge David A. Ezra does everything possible to hide his residence, his family members, his religion, his organizations other than the usual incestuous legal groups. This is now quite common in the legal profession and is a strong indication that judges live in fear for their lives and the lives of their family. It’s a long way from the days of Judge Roy Bean.
That’s an astute observation:)
You used to have to go out of your way to consume porn.
Now it’s just a mouse click away.
Not familiar with the site, will have to go check it out.
Just kidding.
So the ones not fortunate enough to have them get their little minds potentially warped and innocence destroyed? Not good enough.
The “court” is wrong. One needs to show proof of age to do adult things, why does the court, in this realm, feel like a mere inconvenience to adults outweighs the basic well-being of children? What am I missing here.
I recall watching a lecture by a SCOTUS justice whose career spanned the 60s through the 90s. When it came to the topic of Free Speech, he shook his head and said that every such case involved truly reprehensible plaintiffs, Nazis, pornographers, racists, and the like, but they had to hold their nose nevertheless and protect the 1st Amendment.
“… No founder would agree.”
especially since the framers were primarily concerned about restricting political speech. Who at the time could have imagined the internet? Even very young kids have mad IT skills and can gain instant access and expose them to some pretty sick stuff.
Access restrictions seem more than reasonable.
I would argue that the law can not be enforced and the question is moot.
“I stand with the First Amendment. The kids need better parents.”
Absolutely. This was another step towards total control over internet content. Ca is already treating firearms as porn and have outlawed vendors from allowing underage access. Next religion and/or conservatism will be considered equal to porn and outlawed for underage access.
Sometimes we have to accept a little bad of the 1st to protect the overall good. Restricting porn and guns are just the beginning if allowed to compromise the 1st. Give an inch and they will take a mile. Are we really willing to give up all the good to prevent the one bad?
Opening this door and it will come back to bite us in the end.
I would argue that the law can not be enforced and the question is moot.
_____________________________________________________
Any law can be enforced. The question is: What are you willing to do to enforce it?
“I am aware that we sound like old people now and how they used to talk about television”
Those interested in the topic now know that television was indeed very dangerous—and may be responsible for many of today’s problems.
Here is a stunning blast from the past—proven subliminal brainwashing on old TV programming:
https://www.youtube.com/watch?v=14rvQy3_KG0
Start at the one minute mark....
“Access restrictions seem more than reasonable.”
Except once allowed it will not stop at just porn. All porn sites already have legally required triggers for local PC parental control applications. These have been in place for years and years now. But it is the responsibility of the parents to actually active and use these. If allowed this concept will be expanded into anything “they” deem as harmful to minors. Such as religion or conservative values.
We really do have to be careful what we ask for in this situation.
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