US Censorship News

Hours before controversial internet censorship laws were set to take effect in Texas and Arkansas, two federal judges granted preliminary injunctions temporarily blocking them.

The more narrow Texas law sought to restrict minors from accessing content that is meant for adults. The law in particular required age/ID verification to access porn websites. It was opposed by free speech groups and adult performer industry groups.

The Arkansas law, known as the Social Media Safety Act, is broader and would prevent minors from creating accounts without parental permission on platforms earning more than $100 million a year. The tech industry trade group NetChoice, which represents Google, Meta and TikTok, among others, sued in June to block the law on the grounds that it is unconstitutional and would place an onerous burden on digital platforms.

In Arkansas, U.S. District Judge Timothy Brooks sided with NetChoice , saying that the law is not targeted to address the harms it has identified, and further research is necessary before the State may begin to construct a regulation that is narrowly tailored to address the harms that minors face due to prolonged use of certain social media. Brooks added that age--gating social media platforms does not seem to be an effective approach when, in reality, it is the content on particular platforms that is driving the State's true concerns.

The more narrow Texas law seeking to stop minors from accessing adult content online was temporarily blocked Thursday by District Judge David Alan Ezra in a move that the Free Speech Coalition said in a press release will protect citizens from facing a chilling effect on legally-protected speech.

The temporary injunctions block the laws from taking effect until further adjudication. It is unclear whether both Arkansas and Texas intend to appeal.

Arkansas recently passed the Social Media Safety Act , which requires every person to verify their age before they can access existing social media accounts or create new ones. If a user cannot show they are at least 18 years old using a commercially reasonable age verification method -- potentially including biometric screening or requiring government-issued ID -- the law requires them to obtain parental consent to use social media.

If allowed to go into effect, the Arkansas law would prohibit users from accessing social media anonymously or under a pen name. Age verification requirements can deter even adults from engaging on social media because they worry about sharing additional personal data with social media companies, which could misuse the information or get hacked. And those who don't have government-issued identification -- undocumented immigrants, for example -- might be unable to access social media at all. Additionally, the parental consent requirement violates kids' rights to speak and receive information as well as adults' right to hear what they have to say.

The American Civil Liberties Union is challenging the law saying:

We urge the Western District of Arkansas to protect adults' and kids' right to access social media. We all have the right to speak and read about everything from upcoming protests to violin tips to challenging Arkansas' law.

Meanwhile Pornhab as responded to the new law by blocking all access from IP addresses associated with Arkansas.

The Arkansas law, SB 66, doesn't ban Pornhub from operating in the state, but it requires porn sites to verify that a user is 18 by confirming their age with identifying documents. Pornhub blocked all traffic from IP addresses based in Arkansas in protest, arguing that the law, which was intended to protect children, actually harms users. The blocked website currently just displays a message explaining the actions:

While safety and compliance are at the forefront of our mission, giving your ID card every time you want to visit an adult platform is not the most effective solution for protecting our users, and in fact, will put children and your privacy at risk.