Aaron Nielson, who has been serving as Texas’ solicitor general since late 2023, is expected to emphasize the potential harm of pornography on young individuals and the state's interest in mitigating such harm during upcoming arguments. Nielson, a former clerk to conservative Justice Samuel Alito, is likely to highlight that the law does not directly restrict adults from accessing sexually explicit material and that states have a history of regulating such content.
One of the key points Texas is expected to raise is based on a 2021 study published in the Journal of Sex Research, which suggests that early exposure to pornography could lead to adolescent depression, headaches, and sleep disturbances. Additionally, Texas plans to reference a 2022 study from the Archives of Sexual Behavior, indicating that teenagers who consume porn are more inclined to use illegal substances like drugs, alcohol, and tobacco.
As the second-most-populous state in the U.S. and known for its conservative stance, Texas has been a frequent litigant at the Supreme Court. Nielson, in his relatively short tenure, has already presented multiple arguments before the justices, including defending a Texas law aimed at safeguarding conservative viewpoints on social media.
Challenged by industry groups on First Amendment grounds, the laws related to protecting conservative perspectives on social media were temporarily blocked by the Supreme Court in July, pending further legal proceedings.