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submitted 7 months ago by MicroWave@lemmy.world to c/news@lemmy.world

Pornhub has disabled its site in Texas to object to a state law that requires the company to verify the age of users to prevent minors from accessing the site.

Texas residents who visit the site are met with a message from the company that criticizes the state’s elected officials who are requiring them to track the age of users.

The company said the newly passed law impinges on “the rights of adults to access protected speech” and fails to pass strict scrutiny by “employing the least effective and yet also most restrictive means of accomplishing Texas’s stated purpose of allegedly protecting minors.”

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[-] SnotFlickerman@lemmy.blahaj.zone 1 points 7 months ago* (last edited 7 months ago)

Court time costs money, and in each one of these cases, they'll have to start legal proceedings against every site, and then, if that doesn't work and then they'll have to sue each and every ISP for compliance. Taking it to court is a surefire way for the law to be shot down by the courts. Blocking at that level would undoubtedly run into Freedom of Speech issues.

  1. There are roughly 4 million adult sites on the internet. That's a lot of fucking court cases, especially when a bunch of these aren't even headquartered in the US.

  2. In Texas alone there are over 150 Internet Service Providers. While that's an easier number to target, it's far more likely to run into the 1st Amendment argument that blocking the site is blocking the freedom of speech of the ISP.

The reason they went with age verification was because it doesn't end up in 1st Amendment territory. Outright blocking the sites for non-compliance and taking them to court risks the court throwing out the law and saying its unconstitutional.

Texas can't even keep its power grid on, I have serious doubts they have the ability to achieve either of these things. Asking ISPs to wholesale block sites is about as difficult to enforce as age verification, which is basically unenforceable as it stands.

this post was submitted on 14 Mar 2024
713 points (98.2% liked)

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