Not a judge, Judge Alito.
A conservative Supreme Court justice raised eyebrows Wednesday when, during oral arguments, he sharply questioned whether the porn site Pornhub publishes cultural content similar to “old-school Playboy magazines.”
The high court is hearing a challenge to a Texas law that requires adult sites to verify the age of their users, a requirement that industry groups say violates the First Amendment.
“One of the parties here is the owner of Pornhub,” Alito, 74, asked attorney Derek Shafer, who is representing the plaintiffs. “What percentage of the content is not obscene for children?”
Alito went a step further after Mr. Schaefer acknowledged that most of them were obscene “to the youngest minors…”
“But is it like the Playboy magazines of old, with essays by the modern-day equivalent of Gore Vidal or William F. Buckley Jr.?” “For,” he interjects for audible laughter, remembering the age-old joke about buying Hugh Hefner's venerable title.
“That's not what I meant,” Schaefer acknowledged. [that] We have posts about sexual wellness for women recovering from a hysterectomy and how they can enjoy sex. It's there. Proposals on age verification and discussion of what the industry agrees should and should not be legislated. ”
Texas passed this law in 2023, specifically applying to businesses where one-third or more of their content is deemed harmful to minors. The measure stipulates that websites must take “reasonable” age verification procedures and imposes fines of $1,000 per day on violators.
The Lone Star State law was recently upheld by the New Orleans-based Fifth Circuit Court of Appeals, which ruled that the government has a compelling interest in preventing youth from viewing pornography.
Prior to Alito's indictment, fellow conservative Justice Neil Gorsuch criticized Schaefer for the proportion of his client's material that was “considered obscene to minors.”
Schaefer countered that “it's hard to arrive at that calculation,” and then suggested that at least 70% of the content in question was inappropriate for children.
At another point during oral arguments, Mr. Alito ridiculed Mr. Shafer's suggestion that parents should more actively monitor and limit their children's online habits.
“Do you know many parents who are more tech-savvy than their 15-year-olds?” Justice shot back.
The Free Speech Coalition, Inc. v. Paxton case is expected to be decided by the end of June.
