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The Courts United States

Pornhub Sues Texas Over Age Verification Law (vice.com) 123

Pornhub, along with several other members and activists in the adult industry are suing Texas to block the state's impending law that would require age verification to view adult content. Motherboard reports: The complaint was filed on August 4 in US District Court for the Western District of Texas, and the law will take effect on September 1 unless the court agrees to block it. Governor Greg Abbott passed HB 1181 into law in June. The plaintiffs, including Pornhub, adult industry advocacy group Free Speech Coalition, and several other site operators and industry members, claim that the law violates both the Constitution of the United States and the federal Communications Decency Act.

In the complaint, the plaintiffs write that the act employs "the least effective and yet also the most restrictive means of accomplishing Texas' stated purpose of allegedly protecting minors," and that minors can easily use VPNs or Tor; on-device content filtering would be a better method of restricting access to porn for children, they write. "But such far more effective and far less restrictive means don't really matter to Texas, whose true aim is not to protect minors but to squelch constitutionally protected free speech that the State disfavors."

Under the law, porn sites would be required to display a "Texas Health and Human Services Warning" on their websites in 14-point font or larger font, in addition to age verification. "Texas could easily spread its ideological, anti-pornography message through public service announcements and the like without foisting its viewpoint upon others through mandated statements that are a mix of falsehoods, discredited pseudo-science, and baseless accusations," the complaint says.

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Pornhub Sues Texas Over Age Verification Law

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  • by TheReaperD ( 937405 ) on Friday August 11, 2023 @08:19PM (#63761060)

    So, the Christian Nationalists are at it again. Trying to force their view of a Christian 'utopia' (see: dystopia) upon the rest of us, whether we like it or not. They're not satisfied that anyone thinks, or looks, differently than them. Like the Spanish Inquisition, the beating will continue until everyone is one mindless happy snow white caliphate.

    • by quonset ( 4839537 ) on Friday August 11, 2023 @08:29PM (#63761074)

      They really can't be called Christian when they don't even follow [newsweek.com] what their little book says about their namesake.

      • by gweihir ( 88907 ) on Saturday August 12, 2023 @12:41AM (#63761394)

        That just makes it even more clear that the whole thing has nothing to do with morals, but is solely about dominating people and tell them what to think, how to live and what to believe. Essentially just a power-trip for the "leaders" and some kind of masochisms/real submission/Stockholm Syndrome behavior in the followers. If you want to protect children, make sure they do not get access to this crap.

      • by AmiMoJo ( 196126 )

        Some pastor was complaining that his flock see Jesus as weak and a bit of a cuck.

      • This isnâ(TM)t a Christian condition. Itâ(TM)s a human condition. Not all people within a belief/label agree, and in some cases, disagree greatly. Infighting isnâ(TM)t new and itâ(TM)s everywhere, and it seems way more common than ever in the post social media generation.
    • by ArchieBunker ( 132337 ) on Friday August 11, 2023 @08:42PM (#63761106)

      Jesus would get called a woketard and get crucified again in today’s climate. https://www.rawstory.com/trump... [rawstory.com]

    • Hold up, are you trying to advocate for kids having access to porn? You think someone can't be secular and think porn shouldn't be accessible to children?
      • by Anonymous Coward

        Yes, I can only speak to my own personal experience but having had access to porn as a kid:
        1. saved me from killing my conservative ass hat parents who refused to let me date till i was 18.
        2. saved me from becoming a pervert/rapist etc. Don't need to perv on real people if you have unfettered gratification in the safety of your own home.
        3. enlightened me to be more tolerant and open minded.
        4. kept me physically fit. I have not had to pay a gym membership in my life, I've stayed stick thin and jacked just fr

    • Yes, once upon a time it was only the religious that took exception to porn. Then women realised that their being objectified in porn was unhealthy for society. And now there are suggestions that porn is educating teens to do sexual activities which are inherently inappropriate.

      So no - once more the church has been shown to be demonstrating a wisdom that reveals the world to be very nasty. Dismissing this as the work of a small subset of Christians demonstrates a simplistic prejudice against Christianity.

      • Many teens will try a lot of stupid stuff. Some will come to the realization that boys shouldn't donkey punch their girlfriends, and others won't.
        • Your optimism is showing... there's a theory that teenagers are human. This is widely believed despite the overwhelming evidence to the contrary.

      • Re: (Score:3, Interesting)

        by KiloByte ( 825081 )

        Modern "feminism" is a religion, unlike old-days feminism that was a civil rights movement.

        Just see what groups hate porn: christianity, islam, communism, nazism, SJWs, rashists, american christians-in-nothing-but-name. Ie, those who want total control over the lives of others.

        • You've noticed that all morality derives from self determined beliefs. Your next lesson is to work out why you believe what you do about what is ethical behaviour, and is this based on anything except going with the flow of what everyone you know believes.

        • by RedK ( 112790 )

          Hi, am none of those.

          But this isn't about Porn in general. It's about verifying kids don't access porn. And even if I'm none of those, I'm against kids having access to porn. Or alcohol. Or Drugs. Or Guns.

          How can anyone with any shred of morals be against that ?

          • Whose definition of porn are we using here?

            Does it include the softcore stuff? frontal nudity? Bare shoulders or shins (some denominations hold to that standard)? What if a woman shows part of her face or has her hair down (that's actually illegal in some parts of the world)? Should it include drawings? Tentacles? Yiff? Shock videos with multiple girls and a cup? What about movies like Saw or Hostel that use blood and gore for the shock factor (yes, there are actually people that get off on stuff like that
          • by dryeo ( 100693 )

            Besides the sibling post bringing up the definition of porn, there is the definition of kids. A definition that has been changing for the last century and a half or so. Age of consent used to be 7 years old, as after working a few years you were pretty mature. Marriage used to be common at 14 years for girls, 16 for boys. Now the age of consent varies from 14 to 18 or 19 depending on jurisdiction.
            For some reason society has been extending childhood into the years where people are sexually mature more and mo

          • by Falos ( 2905315 )

            Implementation.

          • This is about tracking adults accessing porn, too. And creating a tracked, documented, must be available should your porn site face scrutiny list of all adult customers and their activities.
    • I wasn'taware that there is a pro-porn religion.
  • I don't think porn is "good." And almost nobody would argue it is appropriate for children to see. It probably does satisfy some adult needs and at the same time desensitizes others.

    That said, trying to "age verify" information access online almost certainly means automatically means complete violation of privacy. And that is something I do find abhorrent.

    I think the best compromise is a rating system standard for sites to better assist content control systems done on devices, themselves, under control

    • Re: (Score:3, Insightful)

      My kid has unrestricted internet access.

      Instead of doing something useless like running some blocker she'll find a way around or block at the router which means she'll just turn off Wi-Fi and so on, I do this weird thing parents don't generally seem to do anymore.

      I talk to my kid.

      I know she looks at things I'd prefer she not (she's not looking at porn but the net is full of toxic shit). We talk about it. She has learned the difference between the garbage and what's worth taking seriously and properly mock

      • Re:Compromise (Score:5, Insightful)

        by Moryath ( 553296 ) on Friday August 11, 2023 @09:41PM (#63761180)

        But pornhub's arguments are crap, too. They say kids can easily get around age verification but then say boo hoo it's a constitutional violation and so much harm is being done.

        That's not PH's argument. PH's argument is that " The act violates the First Amendment in three fundamental ways. [documentcloud.org] "

        #1 - It's overly broad and fails the Strict Scrutiny test, by imposing a least effective but simultaneously most burdensome method compared to the (pretextual) claimed purpose of the law.

        #2 - The "warning" constitutes forced-speech on a topic that is "controversial" at the very least. Texas could spread the religious propaganda itself without forcing business entities to engage in speech against their will.

        #3 - It's unconstitutionally vague on the topics of (a) WHICH websites it applies to, or not, and (b) what forms of "age verification" the TX government deems compliant with the law as written.

        • Yes we just agreed but you used more words to say it.

        • In order for it to be least effective, that means that PH has a better system for keeping minors off their platform. I'm sure that their explanation of such a system will be quite enlightening. And no, parents should pay attention to what their adolescent kids are doing 24/7 is not a viable substitute. Well, unless PH is suggesting that single parenthood should be outlawed.

          • In order for it to be least effective, that means that PH has a better system for keeping minors off their platform. I'm sure that their explanation of such a system will be quite enlightening.

            Jeez, it's right there in the summary: "on-device content filtering would be a better method of restricting access to porn for children". IMHO they're correct, too. Consider yourself enlightened.

      • Don't want them watching it and don't want them doing it. If only we could invent an eighteen year sterility pill we could finally achieve evolutionary perfection.

      • by Moryath ( 553296 )

        Also, discovery doesn't work the way you're thinking it will. A lawsuit over constitutional rights/protections (1st amendment, Supremacy Clause / Section 230, 8th Amendment, 14th Amendment) does not mean that Texas all of a sudden gets to go on a fishing expedition into the multiple plaintiffs in the lawsuit. Discovery only applies to relevant documentation/materials/testimony. [cornell.edu]

        None of what you proposed Texas would go fishing for is relevant to seeking an enjoinment against enforcement of the law due to it

      • by gweihir ( 88907 )

        I talk to my kid.

        Only thing that works. Apparently a lost art though. Seems there are a lot of crappy parents out there that do not even get the basics right.

        • Tbh, it's really fucking hard sometimes. She's at that stage where kids rapidly change and grow, she experiences new things every day way outside my control now that she's in HS. She seems good with it but I often feel like I'm riding a bull. No idea when I'm about to say the wrong thing and so on and these chats show me how many of those outside experiences she really has. Trust is hard to earn and keep. At least I think she understands and believes I never lie to her. I will tell her some things are

    • I don't think porn is "good." And almost nobody would argue it is appropriate for children to see.

      Uh huh. Riiiight. Gather 100 parents in a room. Ask them two questions. First:

      "How many of your children have a smartphone capable of internet access, perhaps even under the guise of safety?"

      Based on a highly predictable answer, proceed with the next question:

      How many of your children have a smartphone capable of 24/7 access to the most extreme hardcore porn a planet has to offer, because you didn't implement age-appropriate controls?

      You're gonna get an almost nobody answer here alright. Just not th

      • The only way they don't have that access is if you're running a whitelist for all their internet traffic.

        • The only way they don't have that access is if you're running a whitelist for all their internet traffic.

          Sounds like the perfect bullshit excuse to not even try.

          Parenting I mean, not internet filtering.

      • >"You're gonna get an almost nobody answer here alright. Just not the one sustaining THAT argument.."

        Not sure I am following your point. Are you saying nobody will answer, or that nobody will answer correctly? Does this imply that most parents are irresponsible, deluded, ignorant, and/or stupid? That parents think it is OK to give the tools to access just about ANY information, audio, video, and communicate with anyone, any time, and also be tracked by companies? Or something else?

        • >"You're gonna get an almost nobody answer here alright. Just not the one sustaining THAT argument.."

          Not sure I am following your point. Are you saying nobody will answer, or that nobody will answer correctly? Does this imply that most parents are irresponsible, deluded, ignorant, and/or stupid?

          Dare you to gather those 100 random parents and ask the question if you're still confused. Answering "correctly" would imply we don't have a problem to discuss. Hardly the case.

          That parents think it is OK to give the tools to access just about ANY information, audio, video, and communicate with anyone, any time, and also be tracked by companies? Or something else?

          Not only yes, but FUCK yes.

          (Rather hard for the child addict to be policed by the adult addict...in case you were still confused as what the real problem here is.)

  • How are all the bots on there supposed to verify their age?

    • Isn't there some form of digital ID they have to show? I'd rather like to get one in Greg Abbott's name, or maybe the name of whoever started this stuff in Louisiana.

  • If they really want to discourage porn use so badly, there is a much better way to do it than this.

    Texas should just mandate that all devices, internet service providers and public access computers used in the state implement reasonable measures to block hardcore porn sites by default using the same type of interstitial screen already used to discourage accessing dangerous websites. This would do the job without costing anyone their freedom and without imposing any onerous requirements on anyone since it
    • Texas should just mandate that

      1. Poor, poor, thing. You haven't figured out, it's not about the kids. It's never about the kids. Kids are the excuse. What it is about is power. Repubs are Karens, and they'd love nothing but a huge Karen badge to force everyone to live as they dictate.
      2. As several note, kids get porn. We did. Didn't seem to hurt us much.
      3. One man's religion is another man's belly laugh.
      4. In the late '90, a couple of kids got themselves on a web cam. Huge uproar in the US. In Scandinavia (I forget which country) the re

  • by cascadingstylesheet ( 140919 ) on Saturday August 12, 2023 @06:59AM (#63761790) Journal

    No, not the Slashdot zeitgeist reaction - that's just like the reaction of barflies to a dry law :p

    But the whole concept and challenges of this sort of regulation.

    I mean surely some goods and services are going to be regulated when it comes to age. Surely some are, and have been for a long time.

    Why not porn? Because it's difficult? That doesn't stop government from micromanaging everything else.

    It's apparently not so impossible for government to keep trying to regulate "hate speech" (i.e. "speech they don't like"). So why is it supposedly impossible to regulate porn?

  • https://www.ncbi.nlm.nih.gov/p... [nih.gov]

    ...students reported severe or extremely severe levels of depression, anxiety and stress, respectively, with compulsive pornography use significantly affecting all three mental health parameters in both sexes

  • What does 14 point type mean on a web site? How will it appear on my phone?
    • Exactly. How does one implement a physical print size standard when the viewer determines rendering? If we're talking 'must literally comply' then this notice would be larger than the screen real-estate of some devices. If it has to always be visible, the site never could be. How could that meet any 'least burdensome' standard assuming the notice itself passed any sort of scrutiny?
  • It's already the law in Texas to verify that one is over 18 in order to view, purchase and possess pornography.

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