The Ethics & Religious Liberty Commission (ERLC) filed an amicus brief in a Supreme Court case examining a Texas law requiring age verification for adult website users.
According to Baptist Press, Texas House Bill (H.B.) 1181 requires websites to verify the age of users if at least one-third of their hosted content is considered “harmful to minors,” such as pornography. Additionally, the law mandates these websites to display a warning about the detrimental medical and societal effects of pornography consumption.
The case, titled “Free Speech Coalition v. Paxton”, will determine whether the legislation infringes upon the First Amendment by imposing a burden on adults’ access to content that the plaintiffs argue is protected by free speech.
The suit involves the Free Speech Coalition and other plaintiffs suing the state of Texas to block the law from being enacted, with Texas Attorney General Ken Paxton named as the defendant.
On Friday, November 22, the ERLC filed the amicus brief in collaboration with the Southern Baptists of Texas Convention (SBTC) and the Baptist General Convention of Texas (BGCT). The brief argues that the widespread access to pornographic content via the internet necessitates the Supreme Court to establish guidelines to protect minors.
“The exhibition and distribution of media containing obscene portrayals of sexual conduct is nothing new in America. But in the grand scheme of history, what is relatively new is the ubiquitous access that the internet provides to such materials. This gives rise to a host of moral, social, and health concerns, not the least of which is minors’ access to these materials,” the brief states.
The ERLC references the 2001 Southern Baptist Convention resolution “On The Plague Of Internet Pornography” and the Baptist Faith and Message 2000 to demonstrate Southern Baptists’ views on the dangers of pornography, particularly for minors.
“Southern Baptists believe that God gave all of humanity free choice when it comes to questions of morality. But minors often lack the developmental capacity or moral maturity to know how to exercise that free choice responsibly,” the brief added.
Furthermore, it argues that “as originally understood, the First Amendment existed primarily to protect political speech and speech on matters of public concern. It was not originally understood to protect obscene expression, especially when such expression might be received by minors.”
The passage of Texas H.B. 1181 in June 2023 prompted a group of pornography companies, led by the Free Speech Coalition, to file a lawsuit a month later to block its implementation. Although a district court granted the group’s preliminary injunction, the Texas Attorney General’s office appealed the decision, and the injunction was vacated by the 5th Circuit Court of Appeals.
Paxton praised the 5th Circuit’s action to uphold the law, stating in a press release, “Texas has a right to protect its children from the detrimental effects of pornographic content. As new technology makes harmful content more accessible than ever, we must make every effort to defend those who are most vulnerable.”
The plaintiffs approached the Supreme Court in April 2024, requesting intervention, and in October, the High Court announced it would hear the case during its January term. The Supreme Court is scheduled to examine the case on January 15.
