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Supreme Court sides with Texas’ age verification law for porn sites

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Supreme Court sides with Texas’ age verification law for porn sites


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Samuel Corum/AFP via Getty Images

The U.S. Supreme Court on Friday upheld a Texas law requiring consumers to provide age verification in order to gain access to commercial websites that provide sexually explicit material. It was the first time that the court has imposed requirements on adult consumers in order to protect minors from having such access.

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Free-speech advocates argued that while the law’s goal is to limit minors’ access to online sexually explicit content, it is overly vague and imposes significant burdens on adults’ access to constitutionally protected expression. Lawyers for Texas said in their filing, and during arguments, that the law’s opponents had failed to show a single person whose rights have been “chilled” by it.

By a vote of 6-3 along ideological lines, the court agreed with Texas, saying the law “only incidentally burdens the protected speech of adults.”

The Texas measure, enacted in 2023, was aimed at protecting kids under the age of 18 from exposure to sexually explicit material.

It did that by requiring every user, including adults, to first provide proof, typically via a government-issued identification, that they were at least 18 years old. The statute applies to all websites that contain content that is one-third or more “sexually suggestive” in nature and “harmful to children.”

More Supreme Court decisions from today:

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Just what the term “harmful to children” means is debatable because, according to the websites, the term covers any sexually suggestive material, including romance novels and R-rated movies.

The Free Speech Coalition, an adult industry trade association, and several adult industry producers challenged the law in court, contending that it violated the First Amendment guarantee to free speech and expression.

The groups noted, among other things, that while the statute does bar companies from retaining the identifying information, it does not prohibit transfer of that information or impose any other protection from disclosure to protect adults’ privacy. Moreover, the challengers maintained the state’s defense of the statute fell apart in light of the fact that it exempted from the law’s coverage the search engines and social-media platforms that are the principal gateways for minors gaining access to sexually explicit content.

Federal judge David Alan Ezra, a Reagan appointee, initially barred the law from taking effect, on the grounds that it was likely unconstitutional.

But a Fifth Circuit Court of Appeals panel voted 2-to-1 to uphold the law, clearing the way for it to take effect. The appeals court said that because the state justified the law as rationally related to its purpose of protecting children, that is all that is necessary. The so-called rational basis test used by the appeals court means essentially that a law passes muster as long as the legislature had any rational justification.

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It is the court’s least rigorous standard, and the challengers maintained that it was far too lax and ignored the impact on adult users.



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Texas sues Netflix for allegedly spying on kids, addicting users

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Texas sues Netflix for allegedly spying on kids, addicting users


Netflix was sued Monday (May 11) by Texas Attorney General Ken Paxton, who accused the streaming company of spying on children and other consumers by collecting their data without consent, and designing its platform to be addictive. Ram Nabong reports.



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Texas sues Netflix, alleges platform spied on kids and collected data

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Texas sues Netflix, alleges platform spied on kids and collected data


The state of Texas announced a lawsuit against streaming giant Netflix on Monday, accusing the company of spying on children and other consumers by collecting their data without consent and designing the platform to be addictive.

Texas claims that Netflix has falsely represented to consumers that it didn’t collect or share user data while it actually tracked and sold viewers’ habits and preferences to commercial data brokers and advertising technology companies.

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The lawsuit, filed by Texas Attorney General Ken Paxton, claims that “Netflix’s endgame is simple and lucrative: get children and families glued to the screen, harvest their data while they are stuck there, and then monetize the data for a handsome profit.”

The state of Texas announced a lawsuit against streaming giant Netflix on Monday. (Nikos Pekiaridis/NurPhoto via Getty Images)

“When you watch Netflix, Netflix watched you,” Texas added in the lawsuit.

NETFLIX CO-FOUNDER REED HASTINGS TO STEP DOWN, DEPARTURE IS ‘SPOOKING INVESTORS’

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The complaint quotes comments made by former CEO Reed Hastings who said in 2020, while he was still leading the streaming company, that “we don’t collect anything,” amid questions over Big Tech companies’ data collection practices.

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Netflix was also accused of quietly using “dark patterns” to keep users watching on its platform, such as an autoplay feature that starts a new show after a different show ends.

NETFLIX RAISES SUBSCRIPTION PRICES ACROSS ALL PLANS

Texas Attorney General Ken Paxton filed the lawsuit. (Cheney Orr/Reuters)

Paxton said in a press release that Netflix “has built a surveillance program designed to illegally collect and profit from Texans’ personal data without their consent, and my office will do everything in our power to stop it.”

The attorney general said he’s charging Netflix under the state’s Deceptive Trade Practices Act and seeks to require Netflix to stop the unlawful collection and disclosure of user data, require Netflix to disable autoplay by default on kid’s profiles, and to secure injunctive relief and civil penalties.

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FOX Business reached out to Netflix for comment.

Reuters contributed to this report.



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6 people found dead inside a boxcar in Texas, officials say | CNN

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6 people found dead inside a boxcar in Texas, officials say | CNN


Six people were found dead inside a cargo train boxcar in a Texas city along the southern border on Sunday, officials said.

The bodies were found in a Union Pacific train at a rail yard in Laredo, around 160 miles south of San Antonio, just after 3:30 p.m. local time, said Jose Espinoza, a public information officer with the Laredo Police Department.

The circumstances of their deaths are unknown, said Laredo police spokesperson Joe Baeza, according to CNN affiliate KGNS, and an investigation is underway.

Union Pacific operates across the border and is the only railroad that services all access points into Mexico, according to the freight company’s website.

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Temperatures on Sunday afternoon in Laredo were in the low-mid 90s, though it’s unclear whether heat was a factor.

Union Pacific said it was saddened by the incident and is working closely with law enforcement to investigate.

Laredo police said they received a call around 3 p.m. from an employee at the Union Pacific rail yard, KGNS reported. The bodies were discovered during a routine rail car inspection, police said. No survivors were found.

CNN has reached out to Laredo police for more information.

“It’s a very early phase of the investigation. There’s not a lot to reveal right now,” Baeza said, KGNS reported.

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The immigration status and ages of the deceased are not yet known, Espinoza said.

US Customs and Border Protection referred CNN to the Laredo Police Department, saying “The incident remains under investigation by Laredo Police Department and Homeland Security Investigation and Texas Rangers.”

CNN has reached out to the Department of Homeland Security, HSI and the Texas Department of Public Safety.

“It’s a very unfortunate event,” Espinoza told CNN. “It was too many lives that were lost.”

This story has been updated with additional information.

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