Cryptic 5th Circuit Decision Throws Texas Age Verification Controversy Into Chaos

Cryptic 5th Circuit Decision Throws Texas Age Verification Controversy Into Chaos

AUSTIN, Texas — A three-judge panel of the 5th Circuit Court of Appeals on Tuesday issued an administrative stay of the injunction against enforcement of Texas’ controversial age verification law, which mandates that adult websites post anti-porn propaganda.

In a two-sentence ruling that offers no details or explanations, the panel effectively removed the preliminary injunction, which was obtained last month by Free Speech Coalition (FSC) and other plaintiffs, “meaning that the law is immediately in effect,” TechDirt’s Mike Masnick reports.

As XBIZ reported, on Aug. 31 a federal court in Texas granted the preliminary injunction, thereby blocking the Texas attorney general from enforcing the state’s controversial anti-porn age verification law while the case is litigated.

The Republican-authored HB 1181 was passed by the Texas legislature with bipartisan support in May and was scheduled to go into effect Sept. 1.

FSC Director of Public Affairs Mike Stabile confirmed to XBIZ that the 5th Circuit has temporarily stayed the preliminary injunction in Texas, "in favor of an expedited hearing by a different panel of judges, who will take a closer look at the law in the next few weeks."

"While we remain confident the injunction will hold," Stabile added, "there remains potential risk for adult businesses in the meantime. However, we have reason to believe that the attorney general’s office will refrain from enforcing the law until that hearing. If, however, anyone is receives contact from the state of Texas, or anyone else attempting to enforce the law at this time, we ask that they immediately contact FSC."

A Predictably Partisan Decision by the 5th Circuit Judges

Industry attorney Lawrence Walters, of the Walters Law Group, told XBIZ that the district court’s order granting the injunction against the age verification obligations and compulsory “health warnings” for adult websites was “thorough and well-reasoned.”

“It is very unusual for a federal appeals court to effectively reverse such an injunction without any legal analysis,” Walters explained. “This odd turn of events has created some legal chaos in the short term, which will hopefully be cleared up soon by expedited court proceedings.”

Corey Silverstein, from Silverstein Legal, noted that "it is crucial to stay vigilant, as these developments could have far-reaching implications for online businesses and First Amendment rights."

Silverstein also urged adult stakeholders to consult their legal advisors to understand how this could impact their operations.

According to Masnick’s analysis, the cryptic 5th Circuit decision was predictably partisan, as well as inconsistent with both First Amendment jurisprudence and some of the court’s own recent decisions.

“Just last week we wrote about the decision in the 5th Circuit saying that the government cannot coerce websites regarding how they moderate content,” Masnick writes. “We noted that this seemed to be in near total conflict with last year’s 5th Circuit ruling saying that of course governments can tell websites how to moderate (the only point on which they are consistent is that ‘it’s okay when Republicans do it, and not okay when Democrats do it’).”

Tuesday’s decision, Masnick adds, apparently reinstates HB 1181’s mandate requiring adult websites to post supposed “health” warnings, the content of which originates in religiously inspired anti-porn propaganda rather than the Texas Health and Human Services Department.

The 5th Circuit decision ignores the lower court’s opinion that requiring such warnings violates constitutional protections against “compelled speech” and, as has happened in previous cases where the court appeared to rubber-stamp decisions by Republican politicians, provides no explanation as to its justification or reasoning.

“The law is now in effect and we have no idea what that means because the 5th Circuit has explained nothing,” Masnick concludes.

Copyright © 2024 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

European Industry Initiative Open Mind AI Asks EU to Be Included in AI Legislation Debate

New European industry initiative Open Mind AI penned a letter asking EU authorities to include adult companies and creators in ongoing discussions on setting up a legal framework for AI content.

Canadian Law Professor: Proposed Age Verification Bill 'Will Make Things Worse'

Leading Canadian newspaper The Globe and Mail this week published an op-ed written by a legal scholar outlining fundamental issues with the Conservative-backed age verification bill currently making its way through Parliament.

UK Labour Government Confirms it Will Continue Baroness-Led 'Porn Review'

The U.K. Labour government of Prime Minister Keir Starmer has confirmed it will continue the controversial full review of British pornography laws ordered by former Tory Prime Minister Rishi Sunak in July 2023.

AEBN Publishes Popular Searches for July and August

AEBN has released the top search terms for the months of July and August from its straight and gay theaters in all 50 states and the District of Columbia.

SWR Data Survey Probes Concerns About Political Attacks on Industry

SWR Data, an adult-sector market research firm led by industry veterans Mike Stabile and MelRose Michaels, has released data from its upcoming 2024 State of the Creator report, illustrating creators’ concerns about political attacks on the industry.

FSC Urges SCOTUS to Strike Down 'Unconstitutional' Texas Age Verification Law

The Free Speech Coalition (FSC) urged the U.S. Supreme Court through a brief filed Monday to strike down Texas’ age verification law as unconstitutional.

Japanese Manga Industry Hit by Credit Card Companies' Anti-Porn Restrictions

Japanese manga retailers are reporting pressure from multinational credit card companies — many based in the U.S. and targeted by anti-porn religious conservatives — to censor their content if they wish to maintain their current payment processing arrangements.

Netherlands Government Continues Porn Probe Following Abuse Allegations

The Dutch government plans to continue investigating the local porn industry in the Netherlands, following a series of abuse allegations involving photographer and self-styled “model scout” Daniël van der W.

Clips4Sale Releases '20 Years of Fetish' Data Survey

Clips4Sale (C4S) has released a report based on 20 years of data and analysis to show how kink and fetish tastes have changed since the site began.

Grooby, Yanks Ink Website Management Deal

Grooby will begin managing Yanks.com under a new company, Blue.xxx.

Show More