The ruling for Texas allows a similar age verification law in Indiana, which has been on hold since November 2024, to potentially move forward. Photo from Getty Images.

By Whitney Downard
Indiana Capital Chronicle

WASHINGTON, D.C. — An Indiana law requiring adult websites to verify user ages can stay in place after the nation’s highest court affirmed a similar restriction in Texas.

Indiana’s law has been in effect but a judge had stayed an ongoing lawsuit until the U.S. Supreme Court made a ruling in the Texas lawsuit. On Friday, the court sided with Texas in a 6-3 vote along ideological lines.

“(The Texas law) simply requires proof of age to access content that is obscene to minors, it does not directly regulate adults’ protected speech,” ruled the majority. “… adults have no First Amendment right to avoid age verification. Any burden on adults is therefore incidental to regulating activity not protected by the First Amendment.”

The court similarly dismissed arguments from adult content creators urging states to adopt less restrictive requirements, with the justices saying that isn’t required.

While all agreed that states have an interest in protecting children from explicit material, dissenting justices said that “… adults have a constitutional right to view the very same speech that a State may prohibit for children.”

Friday’s ruling was a departure from precedent, the dissenting justices argued, pointing to the option for less-restrictive laws.

“… a State cannot target that expressions, as Texas has here, any more than is necessary to prevent it from reaching children,” the dissent said.

Indiana Background

Indiana’s Senate Enrolled Act 17 passed with an overwhelming bipartisan majority that would require the adult pornography sites to verify user ages early in the 2024 session. Prior to the law taking effect in July, a federal judge blocked its enforcement — only for an appeals court to roll back the preliminary injunction in August.

The plaintiffs include the Free Speech Coalition and 11 adult content companies, including major provider Pornhub.

Pornhub has blocked access to the site in Indiana since the law went into effect.

Free speech advocates, including those with the American Civil Liberties Union of Indiana, argued that the barrier would make it harder for adult Hoosiers to access the content, which is their protected right under law.

“The First Amendment doesn’t just protect a speaker, but also those who want to hear what someone is saying,” wrote Chris Daley, the ACLU’s Indiana executive director. “And in the case of constitutional protections, ‘speech’ is interpreted broadly to include video productions, including pornography.”

Bill author Sen. Mike Bohacek pushed for the bill, saying, “We have children who have seen hardcore content before they have their first kiss.”

The Michiana Shores Republican followed up the bill with another effort to limit social media access for children under the age of 16, but it died in the House after passing the Senate.