Largest Adult Content Website in the World Restricts Access from Texas

AUSTIN, TX — Today, the adult content platform Pornhub has taken measures to block access from Texas, citing a recent legislative enactment that came into force in September 2023. This legislation, contested by Pornhub, was challenged on grounds of First Amendment violations, but an appeals court dismissed the argument.

During the 88th Legislative Session in 2023, the Texas House, led by Speaker Made Phelan, passed HB 1181, which introduced regulations on adult content websites. These regulations required operators to authenticate the age of their users and mandated the display of health advisories regarding the impact of consuming adult content.

State Senator Angela Paxton spearheaded the bill in the Texas Senate, with support from Texas State Representatives Matthew Shaheen (R), Nate Schatzline (R), Nicole Collier (D), Claudia Ordaz Perez (D), and Jared Patterson (R). The bill was passed in May 2023, and Governor Greg Abbott signed it into law on June 12, 2023, with implementation scheduled for September 1, 2023. State Rep. Drew Darby voted in favor, alongside a majority of the Texas House, with a vote of 133-1. Maria “LuLu” Maria Flores of Austin was the sole Democrat voting against the bill, while others were either absent or abstained.

Following the law’s enactment, Pornhub and other entities initiated legal action against Texas. Attorney General Ken Paxton promptly pursued the case, appealing the lawsuit at the district court level, where an injunction was issued against the state, halting enforcement of the law. Paxton further contested the case at the U.S. 5th Circuit of Appeals, resulting in a partial victory, with the court deeming the age verification requirements constitutional.

“Applying rational-basis review, the age-verification requirement is rationally related to the government’s legitimate interest in preventing minors’ access to adult content,” the court stated. “Therefore, the age-verification requirement does not violate the First Amendment.”

However, the appeals court upheld the injunction regarding the law’s stipulation for health and safety warnings on adult content websites like Pornhub.

Pornhub boasts a substantial global presence. According to SimilarWeb data between December 2023 and February 2024, the platform garnered 6.7 billion visits, with 27.7 percent originating from within the United States.