Age Appropriate

In Association of Club Executives v. Paxton, a group of plaintiffs associated with the adult entertainment industry (who have had an unfortunate record in the courts in recent years), the Fifth Circuit addressed the constitutionality of a Texas law that raises the minimum employment age at sexually oriented businesses (SOBs) from 18 to 21.

The court upheld the law, finding that it withstands First Amendment scrutiny because it is designed to serve a substantial government interest—namely, the prevention of sex trafficking and sexual exploitation—and does not restrict more speech than necessary. Texas provided sufficient evidence linking SOBs to sex trafficking and that the law was a reasonable measure to address these secondary effects. And, the law does not substantially restrict protected speech, as it leaves SOBs with a “reasonable opportunity to open and operate” their businesses and does not meaningfully limit the expressive conduct of their employees based on age. No. 24-50434, Jul. 14, 2025