Lawsuit may threaten how new Texas law seeks to protect family rights

Pornography seems ubiquitous now that the Internet is available at any time and via so many devices, from computers to smartphones, at school, home or work.

Regularly viewing pornography can stimulate dopamine in the brain, leading to addiction, depending on use. For adolescents, because their brains are still developing, repeated porn use can lead to emotional, psychological, social, and physiological disorders.

It is not a net good for society or families for pornography to be easily accessible to teens, but a new lawsuit is challenging a Texas law that should make it harder for teens to access porn.

The new law, which should take effect Sept. 1, requires commercial entities that distribute “sexual material harmful to minors” online to have an age verification method on the homepage, requiring proof that the person trying to access the material is 18 or older.

Sites that distribute such material and refuse to comply could be subject to hefty fines, upward of $10,000 per day, if they fail to comply.

Pornhub, along with a few similar outlets, is suing over it. Pornhub is one of the top distributors of pornography in the U.S.

In 2019, Pornhub claimed it had more than 41 billion visits to its sites–almost six visits for every person on the planet.

Pornhub’s suit contends that the law impinges on the right to access “protected speech” and the law employs the “least effective and yet also the most restrictive” means of protecting minors.

The law doesn’t restrict adults from accessing this material–they simply have to prove they’re of age, just like they do when they purchase alcohol or cigarettes–or, for that matter, pornography in a store. The law allows for multiple forms of identification to be shown.

The lawsuit complains that requiring identification is the “least effective and yet also the most restrictive means” of protecting teens.

A Politico review of similar laws in other states–including Louisiana, Arkansas, Montana, Mississippi, Utah and Virginia–showed that rather than comply with age-verification laws, Pornhub simply vacated those states and is no longer accessible there. So it’s at least effective to that degree.

The law also requires adult websites to display warnings to users, and the lawsuit claims these warnings are false. So, what are they?

“Pornography is potentially biologically addictive, is proven to harm human brain development, desensitizes brain reward circuits, increases conditioned responses, and weakens brain function.”

“Exposure to this content is associated with low self-esteem and body image, eating disorders, impaired brain development, and other emotional and mental illnesses.

“Pornography increases the demand for prostitution, child exploitation, and child pornography.”

These warnings are not only 100% factual, they are also no different than similar warning labels affixed to cigarettes, alcohol, and more.

Heck, there are stronger warning labels on hot coffee from McDonald’s and hair dryers.

Some people need to be told when things are dangerous.

Porn use can cause sexual dysfunction, emotional damage, relationship havoc, and depression. The National Center on Sexual Exploitation says of the effects of porn: “The visual stimulus of pornography hijacks the brain’s reward system and overwhelms it with unnatural prolonged dopamine levels. The result is the brain physically deteriorating in shape, size, and chemical balance.”

Porn changes the brain– and not for the better. And it objectifies women in a way that is damaging to all.

The law isn’t the only tool to prevent kids from accessing porn. Parents need to do their part by making sure their kids’ phone settings prevent explicit content.

There are other ways, with apps such as Bark, that will let parents know if kids are seeing content that’s harmful.

Talking about it is important, too, difficult though it may be.