United States of America: Issued ruling in lawsuit challenging Bill 1181 restricting access to sexual material harmful to minors on an Internet Website (Free Speech Coalition v Texas)

On 7 March 2024, the United States Court of Appeals for the Fifth Circuit issued a ruling on a public lawsuit concerning the Texas law, HB 1181. The law, which was set to take effect on 1 September 2023, imposed an age verification requirement on commercial pornographic websites. The law was challenged by the Free Speech Coalition Incorporated, various adult industry entities, and an individual adult content creator, who argued that it violated their First Amendment rights and conflicted with Section 230 of the Communications Decency Act. The Court upheld the age verification requirement, finding that it was rationally related to the government's legitimate interest in preventing minors from accessing pornography. However, the court invalidated the section of the law requiring health warnings, concluding that it unconstitutionally compelled the plaintiffs' speech. Finally, the court stated that Texas could still legislate to protect minors, suggesting a focus on parental controls and technology to restrict access without infringing on the free speech rights of adults.