In recent years, state governments have regulated pornography according to a notion of absolute freedom of speech. In a 6-3 decision on Free Speech Coalition, Inc. v. Paxton, the Supreme Court ruled against this misunderstanding.

Namely, the court upheld Texas House Bill 1181, requiring that websites with sexually explicit content verify their visitors’ ages. The Texas law requires that a website conduct age verification “when more than one-third of [its content] is sexual material harmful to minors.”

The law defines harmful sexual material under three conditions, as laid out by Justice Clarence Thomas: “(1) ‘is designed to appeal to or pander to the prurient interest’ when taken ‘as a whole and with respect to minors’; (2) describes, displays, or depicts ‘in a manner patently offensive with respect to minors’ various sex........

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