SCOTUS Upholds Age Verification Laws in Free Speech Coalition v. Paxton
In a 6-3 decision, the Supreme Court upheld the constitutionality of Texas's age verification law, applying intermediate scrutiny. More than 25 states now have enforceable age verification statutes.
The Decision
On June 27, 2025, the Supreme Court ruled 6-3 in Free Speech Coalition, Inc. v. Paxton (No. 23-1122) to uphold the constitutionality of Texas's age verification law, H.B. 1181.
Justice Thomas, writing for the majority (joined by Roberts, Alito, Gorsuch, Kavanaugh, and Barrett), held that the law is an exercise of Texas's traditional power to prevent minors from accessing speech that is obscene from their perspective. The Court applied intermediate scrutiny — not strict scrutiny — finding the law has "only an incidental effect on protected speech" of adults.
Justice Kagan dissented (joined by Sotomayor and Jackson), arguing strict scrutiny should apply and that adults might "forgo" protected speech rather than submit to age verification.
Why This Matters
This decision effectively greenlights state-level age verification laws nationwide. More than 25 states had already enacted such laws; the ruling removes the constitutional cloud that hung over all of them.
The State Landscape
As of early 2026, approximately 25 states have enacted age verification laws requiring proof of age (18+) to access adult content online:
| State | Effective Date | Notes |
|---|---|---|
| Louisiana | January 2023 | First state; Pornhub complied |
| Utah | Mid-2023 | Pornhub geo-blocked |
| Virginia | Mid-2023 | Pornhub geo-blocked |
| Texas | March 2024 | Pornhub geo-blocked |
| Florida | Mid-2024 | Pornhub geo-blocked |
| Georgia | July 2025 | |
| Arizona | September 2025 | |
| Ohio | September 2025 | |
| Missouri | November 2025 | |
| 15+ additional states | Various | Various enforcement dates |
The Geo-Blocking Response
Aylo (Pornhub's parent) chose to geo-block access in roughly 16 states rather than implement age verification — including Texas, Virginia, Utah, Arkansas, Montana, North Carolina, Mississippi, Indiana, Idaho, Kansas, Kentucky, Nebraska, Florida, and South Carolina.
Louisiana is notable as the only state where Pornhub chose to comply by implementing age verification rather than blocking.
What Platforms Should Do Now
The legal question is settled: states can require age verification for adult content. The operational question is how to implement it.
- Map your user geography. Which states do your users access from? Each state has different accepted verification methods.
- Evaluate verification providers. Yoti (facial age estimation, Ofcom-approved), Didit (published pricing), and credit card checks are the main options. Different states accept different methods.
- Decide: comply or geo-block. Pornhub chose to geo-block and lost massive traffic. Compliance preserves your audience but adds operational complexity.
- Monitor new state legislation. The SCOTUS decision will accelerate new state laws. Expect 30+ states to have active statutes by end of 2026.