Protect Kids or Porn Industry? Explaining the Supreme Court's Imminent Ruling

For the first time in human history, children have unfettered access to explicit, misogynistic, violent, and harmful sexual content through the internet. This “social experiment” has failed, leaving an alarming public health crisis in its wake.

That’s where age verification comes in. Texas House Bill 1181 (HB 1181) requires age verification for accessing pornographic websites. It’s a reasonable, common-sense solution to protect our children. 

Now, the U.S. Supreme Court is poised to decide the law’s fate—a decision that will not only settle the matter for Texas but also set a powerful precedent impacting 18 other states with similar legislation.

The stakes could not be higher. While the law’s opponents argue it infringes on free speech, the reality is that HB 1181 strikes a necessary balance between adult access to legal content and the need to shield children from profound and lasting harm.

What is HB 1181?

Texas’s HB 1181 addresses the dangers posed by easily accessible online pornography to children. The law requires: 

• Commercial websites where at least one-third of the content is “sexual material harmful to minors,” to implement “reasonable age verification methods,” such as digital identification or third-party verification services. 
• Verification systems ensure privacy by not retaining users’ personal data.

By focusing on commercial websites with the most harmful content, HB 1181 targets the sources causing the greatest damage to young minds without restricting adults’ access to constitutionally protected speech.

The U.S. Supreme Court’s role in age verification 

The U.S. Fifth Circuit Court of Appeals upheld HB 1181, recognizing the state’s right to act as a “gatekeeper” to protect children from harmful material. However, the law’s opponents, led by the Free Speech Coalition (an entity associated with Pornhub), argue that age verification burdens free speech and privacy. 

They rely heavily on outdated precedents like Reno v. ACLU and Ashcroft v. ACLU, which were decided in a vastly different technological era.

The Supreme Court’s decision will set a precedent for other states and determine whether modern advancements in age verification technology can align with First Amendment protections.

Shocking statistics about kids and pornography

It’s crucial that we acknowledge the facts when it comes to kids viewing porn. Fortunately, several organizations have filed powerful Amicus Briefs, urging the Supreme Court justices to uphold Texas’ law. 

These briefs are packed with hard-hitting stats the porn industry doesn’t want you to know. But you should know them.

Pervasive access

1. Prevalence: As highlighted in an Amicus Brief by the Texas Senate:
   • 73% of youth ages 13-17 have been exposed to pornography.
   • 15% of these shockingly encountered it at age 10 or younger. 
   • 44% of youth encountered pornography during school hours, often on school-issued devices.
     
2. Accidental exposure: According to an Amicus Brief by Exodus Cry, Stand With Survivors, and Protect Young Eyes:
   •  63% of children surveyed reported accidental exposure to pornography in the last seven days.
     
3. Screen time: An Amicus Brief by the Citizens Defending Freedom reports that:
   • Children from ages 8-12 spend an estimated 5.5 hours on a screen per day, while children 13-18 spend over 8 hours a day on a screen— providing ample opportunity for pornography exposure.

Targeted marketing

The pornography industry actively targets children. A brief by Citizens Defending Freedom highlights examples of predatory advertising, such as the use of popular characters like Baby Yoda to attract young viewers. They compare this to a tobacco company using a cartoon to market cigarettes to children. This exploitative behavior underscores the urgency of age verification measures.

Parents underestimate their kids’ exposure to pornography

Parents often underestimate the extent of their children’s exposure. Only 32% of teens report that their parents use filters, according to the Texas Senate brief. However, filters alone are insufficient; they are easily circumvented and fail to address the deliberate targeting of minors by the industry.

The shocking depravity children encounter in online pornography

• Violence and degradation: Much of the content on major pornography platforms normalizes violence against women and non-consensual acts. Additionally, it portrays devious sexual acts, including coercion, exploitation, and violence, which influence children’s sexual templates.
• Child Sexual Abuse Material (CSAM): These platforms have been repeatedly linked to hosting and distributing CSAM.
• Extreme acts: Content involving snuff (aka rape and murder pornography), bestiality, and other disturbing practices is readily available.
• Prostitution and trafficking: Pornography sites have been associated with normalizing prostitution and facilitating sex trafficking. These platforms also promote coercive and exploitative behaviors, further entrenching dangerous narratives about consent and relationships.

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The lasting impacts of pornography on kids

Neurological damage

An Amicus Brief filed by The Reward Foundation reveals that pornography profoundly alters the developing adolescent brain, disrupting normal sexual development. 

During this heightened stage of brain development, children produce more dopamine and are more sensitive to it. As a "dopamine super-stimulus," pornography exploits this vulnerability, shaping sexual templates in harmful ways. 

 The Texas Senate brief underscores these findings, detailing that children exposed to pornography are more likely to:

• Engage in risky sexual behaviors including:
  • condomless sex
  • group sex
  • sex under the influence of substances
  • greater number of lifetime partners
  • child on child sexual behaviors: children who disclosed exposure to pornography had 3.3 times greater likelihood of engaging in harmful sexual behavior
  • prostitution and sex trafficking
• Experience early sexual debut leading to STDs and unintentional pregnancies
• Suffer from sexual dysfunction, including arousal disorders

Scholars on the Neurological Effects of Pornography on Adolescents, Donald L. Hilton Jr, MD, and Professor Frederick Toates explain in their Amicus Brief the parallels between pornography use and substance addiction, including:

• Structural brain changes: Research using MRI and other tools confirms changes in gray and white matter, especially in regions associated with impulse control and reward.
• Sensitization to pornography-related cues, leading to a "wanting/liking mismatch" (increased craving without equivalent satisfaction).
• Diagnostic recognition: The International Classification of Diseases (ICD-11) recognizes Compulsive Sexual Behavior Disorder (CSBD) as a mental health condition, often associated with excessive pornography use.

Related: How Porn Corrupts the Brain’s Reward System: Neurosurgeon Explains

Mental health consequences

The brief by Exodus Cry et al. highlights increased rates of mental health struggles among youth exposed to pornography, including:

• anxiety
• depression
• loneliness
• suicidal ideation

Kristen Jenson, founder of Defend Young Minds, recently sounded the alarm on this issue at the Coalition to End Sexual Exploitation Summit in Washington, D.C., where she presented on the mental health harms of pornography on children. Her insights, backed by a wealth of research, emphasize the urgent need for action.

Related: Does Porn Harm Kids’ Mental Health? The Latest Research Parents Need to Know

Academic decline

Exposure to pornography negatively impacts academic performance. Boys, in particular, show significant declines in grades and both genders experienced diminished memory retention and mathematical competence after prolonged exposure.

Child-on-child sexual abuse

Heidi Olson’s research exposes a disturbing rise in child-on-child sexual abuse, often stemming from behaviors learned through exposure to explicit material.

Related: Sexual Assault Nurse Links Porn to Child-on-Child Abuse: Interview with National Expert Heidi Olson

Debunking the petitioners’ arguments

Opponents of HB 1181 argue that age verification is overly restrictive and violates free speech rights. However, these claims are easily refuted:

• Modern technology: Age verification systems, such as those using AI and biometric data, are accurate, minimally invasive, and widely used in other industries, including online gambling and alcohol sales.
  
  For example, clothing retailer Fabletics uses third-party services to securely verify eligibility for discounts offered to military members, students, and first responders by processing documentation. This demonstrates how verifying identity online can be both practical and privacy-conscious. 
  
  In a twist of irony, these very porn sites that say age verification can’t work use the same technology for payment processing on their sites.
  
  The Reward Foundation's brief underscores how outdated precedents no longer reflect the technological reality of today: 

"Therein lies the rub for Petitioner’s argument: they need the digital world to emulate the one when Reno was decided for their case to hold water."

• Support from experts and institutions: The brief filed by the Age Verification Providers Association (AVPA) emphasizes that these systems are already in place and functioning effectively in other contexts. For example, online age verification for alcohol and gambling websites has set a precedent, proving these measures can be implemented without undue burden.
• Global precedent: The AVPA brief also highlights that countries like the UK, France, and Germany have adopted similar age verification laws for pornography websites, demonstrating their feasibility and effectiveness in protecting children.
• Privacy safeguards: HB 1181 explicitly prohibits age verification providers from retaining personal data, addressing privacy concerns.

A modern crisis demands modern solutions

The internet has been transformed since Ashcroft and Reno. Smartphones, pervasive Wi-Fi, and targeted marketing have made explicit content more accessible than ever. Meanwhile, advancements in age verification technology have rendered earlier rulings outdated.

Society has always made sacrifices to protect its children. Whether through safety regulations, school policies, or restrictions on harmful products, adults have consistently prioritized the well-being of the next generation. HB 1181 is no different. It is a necessary response to an unprecedented crisis.

It’s time to prioritize the health and safety of kids

The Supreme Court’s ruling on HB 1181 will have profound implications, not just for Texas but for the entire nation. Upholding this law would affirm the state’s right to protect children from predatory industries while balancing adults’ access to lawful content. 

Parents also have a crucial role to play in safeguarding their children. Defend Young Minds offers books, guides, and courses to help families empower their children to recognize, reject, and report pornography. 

It’s time to draw a line and prioritize the health and safety of our children over the convenience of an industry built on sexual exploitation.

Our children’s futures depend on it.