JEFFERSON CITY — Over the objections of free speech advocates, Missouri is poised to join a growing list of states attempting to block minors from accessing pornography on the internet.
In a 6-3 ruling Friday, the U.S. Supreme Court upheld an age verification law in Texas that is similar to a rule change unveiled by Missouri Attorney General Andrew Bailey in April.
The Missouri change, which is expected to go into effect in October, will require websites to confirm the age of users both through the site and on the device accessing the site. The rule requires all identifying information to be deleted once an age is verified and allows Missouri to enforce state laws prohibiting the distribution of pornography to minors.
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“I applaud the Supreme Court affirming what we already knew to be true — states play a vital role in protecting children and upholding a parent’s right to parent,” Bailey said in a statement Friday.
“We now have precedent from the highest court in the land supporting our age verification rule and we will forge ahead to make Missouri the safest state in the nation for children,” Bailey added.
Last year, the Free Speech Coalition, a trade association for the adult entertainment industry, challenged a Texas law requiring porn companies to check the age of its users.
A three-judge panel of the conservative, New Orleans-based Fifth U.S. Circuit Court of Appeals found that Texas’ requirement did not violate the First Amendment. that such a law can stand as long as a state has a rational basis for it and states have a legitimate interest in blocking minors’ access to pornography.
The high court concurred.
“The power to require age verification is within a state’s authority to prevent children from accessing sexually explicit content,” Friday’s ruling noted.
In submitting the , Bailey said websites should be treated like brick-and-mortar stores that are barred from selling pornographic material to minors.
“The internet has enabled companies to skirt compliance with laws protecting minors, which is why access to pornography by minors has exploded in recent years,” the rule change notes. “An age-verification rule is necessary not only because companies are flouting Missouri law, but also to give parents adequate tools to protect their children from the many harmful effects of minors viewing pornography.”
Bailey’s push to enact an age verification law in Missouri comes after state lawmakers failed to advance legislation last year and this spring that mirrored what’s happening in other states.
In February, the House gave preliminary approval to an age verification measure sponsored by Rep. Sherri Gallick, R-Belton, but the legislation did not advance to the Senate before lawmakers adjourned in May.
A number of opponents, including the Free Speech Society trade group, argued that the age verification process would hamper free speech.
Former Rep. Tony Lovasco, R-O’Fallon, also weighed in against the change.
“Whatever one’s position is regarding pornography, it is a vast abuse of government power to coerce an otherwise legal industry to exit the marketplace. Consider the ramifications if similarly structured legislation were applied to the firearms industry, religious organizations, or other constitutionally protected behaviors,” Lovasco said in written testimony.
Sage Coram of the American Civil Liberties Union also said the new rule would have a chilling effect on free speech.
“Creating guardrails for safety online is a complex and evolving topic of public policy; however, we have a duty to ensure that solutions do not create unintended consequences or impede the First Amendment rights of minors and adults,” Coram wrote.
