Key Points

  • Texas law HB1181 requires online commercial entities to verify users’ ages before accessing adult content.

  • The Supreme Court will decide if HB1181 is unconstitutional during an upcoming hearing.

  • The result of this ruling will also impact other states with similar laws.

  • Porn addiction can impact people of all ages, including those under 18, whom this law aims to protect.

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A lawsuit in the state of Texas is bringing a national issue to the forefront, as the Supreme Court is set to try a case involving an adult film industry association called the Free Speech Coalition and Texas law HB1181. This case is one of many that begs the question: how are we protecting underage users from harmful sexual content online? This outcome of this case will impact how age verification is handled and how online adult content will be categorized to better protect vulnerable underage users. 

Free Speech Coalition v. Paxton: Details and background of the case

The Free Speech Coalition v. Paxton's case involves two parties who are on opposing sides of enforcing a law that requires age verification to access sexual content online in Texas. The plaintiff in this case is the Free Speech Coalition, a non-profit and nonpartisan association for the adult film industry. The defendant is the state of Texas, represented by Ken Paxton, the state’s Attorney General. 

This case is highly debated due to several factors. Adult content is considered protected speech under the First Amendment, so the Texas law HB1181 may technically violate the Amendment by requiring age verification to access porn. The Supreme Court will decide if HB1181 is unconstitutional or not and could set a precedent in other states with similar laws. 

HB1181 applies to any commercial entity that publishes or distributes material online with more than one-third of its content considered to be sexual and harmful to those under 18. Companies that do not comply with this law face significant fines. Texas has sued three major porn companies, including Pornhub, since this law came into effect. While one of these companies has come to an agreement to support age verification on its site, Pornhub decided to cease doing business in Texas completely. 

Potential impacts of Supreme Court ruling

There are several potential situations that will likely be impacted by the Supreme Court ruling regarding age verification requirements in Texas. Depending on the decision made by the Supreme Court, other states that currently have similar age verification requirements may have to make changes, and future laws regarding age verification will be impacted as well. A case in Florida has currently been halted by a Federal judge, due to the impact this case will have on the outcomes of others. 

A significant aspect of age verification for adult content is the potential risk of a lack of privacy protection when utilizing age specific requirements on an online platform. A user has no real way of knowing how their information will be used by a website or any third-parties once they have completed the age verification. This can create data and security concerns if the Supreme Court rules in favor of age verification measures for adult material online. 

Another consideration of this case is how the law defines sexual content, which has historically been difficult to standardize when it comes to censorship. Certain websites, including social media, that may not consider themselves to be categorized as adult content, may be impacted by this ruling and be forced to implement age verification measures. 

How we got here: Porn battles in the courtroom

The Supreme Court has spent decades trying to define what material is offensive enough that it would be legally obscene. The definition of “obscene” has changed throughout the years, as justices’ viewpoints vary and technology has expanded the landscape of adult content that is accessible. There have been multiple cases that brought porn into the forefront of legal battles. Past supreme court cases involving porn include:

  • Butler v. State of Michigan (1957)

  • Roth v. U.S. (1957)

  • Jacobellis v. Ohio (1964) 

  • Ginsberg v. State of N. Y. (1968)

  • Miller v. California (1973)

  • New York v. Ferber (1982)

  • Reno v. American Civil Liberties Union (1977)

The cases have dealt with topics ranging from obscenity standards, local versus national standards, advertising of adult content, age verification, possession of porn and underage access to pornographic material. 

Porn Addiction stats and trends

This case has also shed light into the risk of developing a porn addiction, especially in vulnerable underage populations. Approximately 3-6% of the population struggle with compulsive porn use, including those under the age of 18. Without official diagnostic criteria for porn addiction in the DSM-5, this number may be even higher than previously reported. 

One report found that 93% of young males and 62% of females under 18 have been exposed to some type of sexual content, and men specifically who were exposed to porn at a young age significantly impacted their porn use later in life. Porn is also increasingly more accessible, with 98% of sexual material being accessed online and 69% of users doing so with their smartphones.  

Knowing the signs of Porn Addiction

There is a fine line between a healthy use of porn and compulsive tendencies that border on harmful. Signs of a potential porn addiction can include:

  • An inability to stop watching porn, despite wanting to

  • Having cravings for porn when not watching it

  • Lack of interest in regular activities outside of porn

  • Constantly increasing the amount of porn viewed

  • Sexual desire or performance is negatively impacted by porn use

  • Relationship issues due to porn

  • Having feelings of guilt or shame after watching porn

  • Porn use negatively impacts other responsibilities

  • Being secretive about porn use

  • Feelings of depression, anxiety or stress when not viewing porn

Porn addiction treatment options in the U.S.

Treatment types that are used to treat other behavioral addictions can be beneficial for porn addiction as well. These treatments may include inpatient or outpatient services, group therapy, mutual support groups and national or local hotlines. Virtual therapy is another option that has become increasingly more popular in recent years. 

Birches Health offers virtual specialized treatment that is conducted by therapists trained in treating porn addiction anytime, anywhere. Birches makes getting treatment for porn addiction easier, by reducing barriers to accessing support. To get started with Birches or get more information on porn addiction treatment, you can:

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