The Supreme Court today upheld a Texas law that requires age verification on porn sites, finding that the state's age-gating law doesn't violate the First Amendment.

The 6–3 decision delivered by Justice Clarence Thomas rejected an appeal by the Free Speech Coalition, an adult-industry lobby group. Pornhub disabled its website in Texas last year because of the state law.

The Supreme Court's conservative majority decided that the law should be reviewed under the standard of intermediate scrutiny "because it only incidentally burdens the protected speech of adults." The law "survives intermediate scrutiny because it 'advances important governmental interests unrelated to the suppression of free speech and does not burden substantially more speech than necessary to further those interests,'" the court said.

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The porn site calls age verification a security risk.

The newly signed Take It Down Act makes it illegal to publish nonconsensual explicit images – real or AI-generated – and gives platforms just 48 hours to comply with a victim’s takedown request or face liability. While widely praised as a long-overdue win for victims, experts warn its vague language, lax standards for verifying claims, and tight compliance window could pave the way for overreach, censorship of legitimate content, and even surveillance. 

Everyone expects that the Take It Down Act—which requires platforms to remove both real and artificial intelligence-generated non-consensual intimate imagery (NCII) within 48 hours of victims' reports—will likely pass a vote in the House of Representatives tonight.

After that, it goes to Donald Trump's desk, where the president has confirmed that he will promptly sign it into law, joining first lady Melania Trump in strongly campaigning for its swift passing. Victims-turned-advocates, many of them children, similarly pushed lawmakers to take urgent action to protect a growing number of victims from the increasing risks of being repeatedly targeted in fake sexualized images or revenge porn that experts say can quickly spread widely online.

Digital privacy experts tried to raise some concerns, warning that the law seemed overly broad and could trigger widespread censorship online. Given such a short window to comply, platforms will likely remove some content that may not be NCII, the Electronic Frontier Foundation (EFF) warned. And even more troublingly, the law does not explicitly exempt encrypted messages, which could potentially encourage platforms to one day break encryption due to the liability threat. Also, it seemed likely that the removal process could be abused by people who hope platforms will automatically remove any reported content, especially after Trump admitted that he would use the law to censor his enemies.

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