Supreme Court case could change Porn landscape in U.S.

Key Points

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

• The Supreme Court has decided that HB1181 is NOT unconstitutional.

• 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 brought a national issue to the forefront, and the Supreme Court has now weighed in on 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? The ruling has impacted 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 case involved two parties on opposing sides of enforcing a law that requires age verification to access sexual content online in Texas. The plaintiff in this case was the Free Speech Coalition, a non-profit and nonpartisan association for the adult film industry. The defendant was the state of Texas, represented by Ken Paxton, the state’s Attorney General. 

This case has been highly debated due to several factors. Adult content is considered protected speech under the First Amendment, so the some argued that the Texas law HB1181 may violate the Amendment by requiring age verification to access porn. The Supreme Court has now decided that HB1181 is NOT unconstitutional. 

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. 

UPDATE June 30, 2025:

The Supreme Court on Friday, June 17 — in a 6-3 ruling — upheld the Texas law aimed at blocking children from seeing online pornography.

The majority opinion written by Justice Clarence Thomas found the measure didn’t seriously restrict adults’ free-speech rights. “Adults have the right to access speech obscene only to minors ... but adults have no First Amendment right to avoid age verification,” he wrote.

In a dissent, Justice Elena Kagan wrote: "I would demand Texas show more, to ensure it is not undervaluing the interest in free expression."

Potential impacts of Supreme Court ruling

Texas Attorney General Ken Paxton celebrated the ruling, saying, "Companies have no right to expose children to pornography and must institute reasonable age verification measures."

The Supreme Court decision could pave the way for more states to adopt similar laws to prevent children from being exposed to pornography.

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.

Another consideration is how the law defines sexual content, which has historically been difficult to standardize when it comes to censorship. Certain websites, including social media platforms that may not consider themselves adult content, could potentially 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:

• Book an appointment 

• Call 833-483-3838

• Email help@bircheshealth.com