In the ever-increasing quest to protect the children, many states have passed age verification laws for sites that have adult content.
Whatever your feelings about adult content, these laws increase the surveillance apparatus of the state.
On June 27, 2025, the Court upheld the Texas law by a 6–3 vote, holding that the age-verification law "only incidentally burdens the protected speech of adults."[10] Justice Clarence Thomas wrote for the majority. The Court ruled that the Fifth Circuit should have used the intermediate scrutiny test, and the Texas age-verification law passed that test. Wikipedia article on the ruling
What I find particularly unnerving about these laws is that they are based on the location of the viewer. If you are a writer of erotic literature in Hawaii, a person in Texas can sue you for not having the proper age verification checks on your website. In some cases, operators of websites are required to keep age verification data for 7 years.
under the laws that the Supreme Court just upheld, prosecutors in Tennessee and South Dakota can even reach across state lines and prosecute writers on FELONY charges for a single paragraph of sexually-explicit writing on my site that they think "harmed" kids in their states, facing up to FIFTEEN years in prison, for failing to implement ID-checks on my dinky little free WordPress site.
Feels like we are setting up the system for gated access to the internet.
Footnotes
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