bbieron@platformeconomyinsights.com

US Supreme Court Goes Easy on Age Checks for Online Porn Sites

Jul 1, 2025

Report from the Washington Post

In Brief – The US Supreme Court has ruled that requiring online porn websites to use age verification tools to confirm that users are adults does not violate the First Amendment. Advocates for the porn industry argued that Texas’s 2023 law requiring adults to provide personal information to porn websites “chilled” their ability to access fully legal content and failed to meet the “strict scrutiny” test under First Amendment jurisprudence. The Texas law was blocked by a federal district judge applying strict scrutiny, but a federal appeals panel overturned that decision and instead applied the laxest level of scrutiny, called “rational basis” review. In an opinion that split along conservative and liberal lines, a six-justice majority said the middle ground of “intermediate scrutiny” was right for judging age checks for online porn, which most notably did not require the state to prove that it adopted the least restrictive means of pursuing its interest of protecting minors from pornography, nor did the law need to avoid underinclusiveness by failing to block other ways to access the offending content. While the minority argued that the majority ignored a line of free speech precedents that were directly on point regarding minors and obscene material, the majority said that online pornography was different than in the past, and that ID checks were a long-established tool to protect young people from harms that should not be prohibited simply because they are proposed in the online context.

Context – “Protecting” teenagers from online harms is a global phenomenon. Porn sites and social media are the big targets. And most of the attention given to this case is not about porn, it’s about the flood of state laws attempting to restrict how teenagers use social media. Those laws keep being blocked by federal judges for violating the First Amendment. Although some free speech advocates argue that this decision could weaken free speech online in the US broadly, it may prove to be more a reflection of the Court majority’s view on pornography more narrowly. However, that’s an open question that will await appeals of the decisions to pause the laws regulating teen access to social media, which are probably more than a year down the pike.

View By Monthly
Latest Blog
Apple Still Trying to Reverse Epic Antitrust Loss at Supreme Court

Report from Reuters In Brief – Apple has asked the US Supreme Court to review a lower court ruling that found the company in civil contempt for violating an injunction tied to its long-running legal fight with Epic Games. The Apple v Epic antitrust dispute began in...

Trump Cancels Executive Order on “Voluntary” AI Security Reviews

Report from the Washington Post In Brief – President Donald Trump cancelled signing a major executive order on artificial intelligence after last-minute lobbying from leading tech industry figures, including Elon Musk, Mark Zuckerberg, and former White House AI...

X Commits to Strengthen Anti-Terror Content Moderation in the UK

Report from The Guardian In Brief – Ofcom, the UK regulator enforcing the Online Safety Act (OSA), has announced that X has agreed to strengthen its moderation of terrorist and hate-related content. The commitments stem from Ofcom’s discussions with the top social...

Meta Joins Snap, TikTok and YouTube to Settle School District Lawsuit

Report from the New York Times In Brief – Meta has reached reached a settlement agreement in the first lawsuit headed to trial in federal court over claims that addiction to social media platforms has pushed public schools to spend massive sums fighting a youth mental...

Platform Economy Insights produces a short email four times a week that reviews two top stories with concise analysis. It is the best way to keep on top of the news you should know. Sign up for this free email here.

* indicates required