Texas Age Verification Law: A Reality Check for Adult Creators with Corey D. Silverstein

SWCEO Interviews Corey D. Silverstein

Blog Post Written By: MelRose Michaels

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What if accessing adult content required you to scan your government ID every time? What if creating it meant risking lawsuits, platform shutdowns, or even criminal charges? That’s not a dystopian “what if.” That’s now.

In a recent Twitter Space conversation, MelRose Michaels sits down with First Amendment attorney Corey Silverstein to unpack the Supreme Court’s latest ruling, what it means for adult creators, and how the industry is being quietly reshaped under the guise of “protecting minors.”

MelRose Michaels: Welcome back to On the Whorizon. I’m MelRose Michaels, and today’s conversation is a legal reality check every adult creator needs to hear.

The Supreme Court just upheld a Texas age verification law that could reshape the adult industry as we know it, impacting how we protect content, access audiences, and stay in business online. This isn’t just about Texas. It’s about free speech, privacy, and whether creators can continue to exist without surrendering their rights.

Joining me is Corey Silverstein, one of the top legal minds in adult, with nearly two decades of experience defending our industry in courtrooms across the country. Corey, thank you for making the time.

Corey Silverstein: Thank you so much. I’m grateful to be here.

MelRose Michaels: I know it’s been a whirlwind. Can you explain your direct role in this case so creators understand just how involved you've been?

Corey: I represented the Woodhull Freedom Foundation and the Electronic Frontier Foundation in support of the Free Speech Coalition's lawsuit against the Texas law. I filed briefs and contributed to arguments challenging this law as unconstitutional. Unfortunately, we didn’t get the ruling we hoped for.

MelRose Michaels: For those unfamiliar, can you break down what this case was about and why the law is such a problem?

Corey: Texas passed an age verification law that requires anyone, regardless of age, to submit a government-issued ID before accessing any online content deemed "potentially harmful to minors." This isn’t about protecting kids. It’s about forcing adults to surrender their privacy to access constitutionally protected content.

The law doesn’t target obscene content. It targets legal adult entertainment. Requiring users to submit personal data creates a chilling effect on free speech and exposes them to serious privacy risks.

MelRose Michaels: And it's ineffective. Kids today use VPNs. If the goal is to protect minors, there are better tools: device locks, parental controls, and content filters. But none of that gets implemented before this kind of surveillance-heavy law.

Corey: Exactly. Content creators don’t want minors seeing their material. We all support keeping children safe. But this law isn't the answer. It's performative and dangerous.

MelRose Michaels: And let’s talk about the real consequence here: users who don’t want to upload their ID just won’t go to the legit, compliant sites. They'll go to sketchy overseas platforms that host pirated or illegal content. This law doesn’t eliminate demand; it just reroutes it to exploitative places.

Corey: Right. That’s the unintended consequence, or maybe the intended one. Good platforms lose traffic. Bad actors profit. And creators lose revenue and safety.

MelRose Michaels: Walk us through what happened with the Supreme Court and how we got here.

Corey: Historically, when the government passes a law that affects speech, the court applies “strict scrutiny,” meaning the law must be narrowly tailored and use the least restrictive means possible.

Texas wanted a “rational basis” review, which is the lowest legal bar. Neither side asked for it, but the Supreme Court created its own middle-ground test called “intermediate scrutiny,” then ruled that the Texas law passes it.

So they didn’t even follow standard legal precedent. They made a politically motivated exception for porn, and in doing so, opened the door for other states to follow suit.

MelRose Michaels: That’s terrifying. And we’ve already got over a dozen states with similar AV bills in motion. Do you think this decision sets a new standard for how adult content will be treated?

Corey: It doesn’t change what’s legal or illegal, but it does suggest that the Supreme Court sees adult creators as second-class citizens under the First Amendment. The dissenting justices, Sotomayor, Kagan, and Jackson, warned of exactly this.

The ruling sends a clear message: if you work in adult, don’t expect this court to protect your speech. That’s chilling.

MelRose Michaels: What kind of fallout should creators expect?

Corey: First, some states will stop fighting existing legal challenges. The path to winning is now unclear. Second, new states will pass their own AV laws, knowing the Supreme Court won’t intervene. From a platform perspective, many adult sites will either leave these states or incur high costs to comply. That cost gets passed down, eventually to creators.

MelRose Michaels: And let’s not forget the fines. Some states are charging per user per day. This could bankrupt smaller creators with their own sites.

Corey: Yes, absolutely. In some states, noncompliance carries steep civil fines, hundreds of thousands, potentially millions. Others, like Tennessee, even include criminal penalties. This is serious.

MelRose Michaels: Let’s talk practical impact. If I don’t run my own site and I just use platforms like OnlyFans or Fansly, should I care?

Corey: Absolutely. Platforms may absorb some compliance costs, but the cost will trickle down. You’ll see higher fees, lower payouts, or increased pressure to drive your own compliant traffic.

Also, this affects how you use free traffic tools. Your link-in-bio, your personal landing pages, even your teaser sites, those could be subject to these laws too.

MelRose Michaels: What about social media? Is my content on Twitter or Reddit in danger?

Corey: Likely not. Most AV laws only apply to sites where over 1/3 of the content is adult. Twitter and Reddit don’t meet that threshold. So they won’t be affected, for now. Ironically, that means more adult creators may lean into public posting, which is more accessible to minors. It’s the opposite of what the law claims to prevent.

MelRose Michaels: Exactly. We’re incentivizing creators to post more explicit content in public spaces because it’s easier than verifying behind a paywall.

Corey: Yes, it’s backwards logic. And it’s not even effective. Many of the sites are being sued right now for noncompliance. They did have age verification, but kids found workarounds. The only real solution is responsible parenting.

MelRose Michaels: So what’s your advice to creators now?

Corey: Start preparing. If you run your own site, consider geofencing restricted states, removing explicit content, or partnering with third-party AV providers.

If you’re on platforms, expect increased costs and slower traffic. Creators should take DMCA protection seriously and treat every paying fan like gold. Your audience will shrink, but those who opt in will be more qualified and loyal.

MelRose Michaels: Yes, and on that note, when those fans do make it to your page, show up for them. Build the relationship. Offer value. They went through extra hoops to support you.

Any final thoughts before we wrap?

Corey: Yes. This was a loss. It was a dark day. But it’s not the end of the industry. We’ve been here before with battles like 2257 and FOSTA/SESTA. We’re not done fighting.

You are part of a powerful, resourceful community. Adapt, get informed, and move forward. But don’t bury your head in the sand. That’s how we fall behind.

MelRose Michaels: Corey, thank you so much. Your insight is invaluable. For everyone who listened in today, where can they find you?

Corey: You can reach me on either X or Bluesky. My website is myadultattorney.com. All of my contact information is online. Feel free to reach out anytime.

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Some parts of the above interview have been condensed or edited for clarity. For the full interview, listen to the entire podcast episode here

P.S. And for creators who want to stay informed, strategize smarter, and protect your business, we’re having these conversations inside the CEO Society every week. Join us and get the support you need to stay one step ahead.

Disclaimer: The views and opinions expressed in the interview are those of the guest speaker and do not necessarily reflect the official policy or position of SexWorkCEO or MelRose Michaels. Anything said or written is of their opinion and is not intended to malign any religion, ethnic group, club, organization, company, individual, or anyone else.