The Supreme Court did not order Pornhub to leave Texas. Pornhub stopped serving Texas in March 2024, after the state’s age-verification requirement became enforceable. On June 27, 2025, the Court ruled in Free Speech Coalition, Inc. v. Paxton, No. 23–1122, that the requirement is constitutional on the facial challenge before it. The ruling did not uphold every part of H.B. 1181: a separate health-warning provision remained subject to an injunction.
What Texas H.B. 1181 requires
Texas enacted H.B. 1181 in 2023, with an effective date of September 1, 2023. The law covers a commercial website—including a social-media platform—that knowingly and intentionally publishes or distributes material when more than one-third of its content is “sexual material harmful to minors.”
A covered website must use a reasonable age-verification method to confirm that a person seeking access is at least 18. The statute’s mechanism is therefore an age check for adults seeking sexually explicit material, not a blanket prohibition on adult access.
Why the Supreme Court reviewed the case
The dispute reached the Court as Free Speech Coalition, Inc. v. Paxton. The justices granted review to decide whether H.B. 1181’s age-verification requirement was likely constitutional on its face. The case presented a First Amendment challenge to the requirement as a rule generally, rather than a claim that a particular enforcement action was unlawful.
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The Court heard oral argument on January 15, 2025. The central question was how to assess the constitutional burden imposed on adults who must verify their age before viewing sexually explicit speech online.
The Court’s June 27, 2025 holding
Justice Clarence Thomas delivered the Court’s opinion. The majority held that the age-verification requirement triggers and survives intermediate scrutiny because it only incidentally burdens adults’ protected speech. It affirmed the Fifth Circuit.
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“The power to require age verification is within a State’s authority to prevent children from accessing sexually explicit speech.”
Justice Clarence Thomas, writing for the Court
The opinion distinguished sexually explicit speech that is obscene to minors from speech that remains protected for adults. Adults may have a right to obtain material that is obscene only to minors, the majority reasoned, but they do not have a First Amendment right to obtain it without any age verification. The resulting check was treated as an incidental burden rather than a direct suppression of adults’ speech.
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That reasoning does not mean adults lose all First Amendment protection for sexual expression. It addresses the specific age-verification rule and the facial challenge considered in this case.
What “upheld” means—and what it does not
| H.B. 1181 provision | What happened |
|---|---|
| Age-verification requirement | The Supreme Court upheld it under intermediate scrutiny in the facial challenge and affirmed the Fifth Circuit. |
| Health-warning requirement | It was a separate provision whose injunction was not resolved by the Court’s age-verification holding; the decision should not be described as upholding the warnings. |
“The law was upheld” is therefore too broad. The merits ruling dealt with the age-verification requirement, not every obligation contained in H.B. 1181.
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Why Pornhub stopped serving Texas
Pornhub stopped operating in Texas after the age-verification provision became enforceable in March 2024. Contemporary reporting dated the suspension to March 14. The company’s exit occurred more than a year before the Supreme Court issued its merits opinion.
At the January 2025 argument, Texas’s counsel told the justices: “When Texas’s law went into effect, Pornhub left Texas. They’re still operating in Louisiana with age verification.” That was counsel’s description during advocacy, not a factual finding by the Court about the company’s internal reasons.
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The sequence matters: Texas’s enforcement posture and the company’s business decision came first; the Supreme Court’s later ruling did not direct Pornhub to leave.
Quick Recap
Timeline
- 2023: Texas enacted H.B. 1181. The enrolled bill analysis lists September 1, 2023 as the effective date.
- March 2024: After the Fifth Circuit allowed enforcement of the age-verification provision, Pornhub stopped serving Texas; contemporaneous reporting placed the suspension on March 14.
- January 15, 2025: The Supreme Court heard oral argument in Free Speech Coalition v. Paxton.
- June 27, 2025: The Court held the age-verification requirement constitutional under intermediate scrutiny on the facial challenge and affirmed the Fifth Circuit.
What the ruling means for readers
- Texas may enforce the covered websites’ age-verification requirement consistent with the ruling.
- The decision does not establish that every website or every form of age-check technology automatically satisfies the statute.
- The decision does not decide the separate health-warning provision.
- Pornhub’s Texas unavailability was the company’s response to the enforceable state requirement, not an order issued by the Supreme Court.
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