The Political Orphanage How Texas Blocked Pornhub
Oct 9, 2025
Ronnie London, general counsel at FIRE and a veteran in First Amendment litigation, dives into the impact of Texas's age verification law that led Pornhub to shut down in the state. He discusses the intricate battle of free speech against state regulations, unpacking the Free Speech Coalition's lawsuit. Topics include the Miller test for obscenity, historical court precedents, and the complexities surrounding online identity checks. London critically examines Texas's true objectives and advocates for less invasive measures over blanket restrictions.
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Protected Adults Vs. Restricted Minors
- Non‑obscene sexual content is protected for adults but may be restricted for minors under a different standard.
- That legal split drives the core constitutional conflict in Free Speech Coalition v. Paxton.
The Case Is About Scrutiny Level
- The case hinges on which level of judicial scrutiny applies to age‑verification laws.
- That choice (rational, intermediate, strict) largely determines whether the law survives constitutional review.
Miller Defines Obscenity Narrowly
- The Miller test defines obscenity by prurient appeal, patently offensive depiction, and lack of SLAPS value.
- Only material meeting all three prongs can be classified obscene and thus unprotected for adults.