Justice Alito Asks PornHub’s Lawyer If People Visit the Site for the Articles ‘Like the Old Playboy Magazine’

Justice Samuel Alito asked an amusing question of PornHub’s lawyer during oral argument in a case challenging a Texas law requiring users to verify their age before accessing pornographic websites on Wednesday.

During a discussion with Alito and Justice Neil Gorsuch, lawyer Derek Shaffer disputed the claim, made by supporters of the Texas law, that essentially all of the material on websites like PornHub are “obscene for minors.”

“What percentage of your client’s materials would be considered obscene for minors?” asked Gorsuch.

“Your Honor, it’s tough to arrive at that calculation-” replied Shaffer before being cut off.

“Your friends on the other side say it’s all,” observed Gorsuch, who eventually got Shaffer to allow that at least 70% of the material on the website is obscene for minors.

“To follow up on on Justice Gorsuch’s questions. Why don’t you talk about the most popular porn sites, which I gather you’re representing. So one of the parties here is the owner of PornHub, right?” asked Alito.

“Yes,” answered Shaffer.

Here’s how their conversation proceeded from there:

ALITO: And what percentage of the material on that is not obscene as to children?

SHAFFER: Well, Your Honor, if we’re talking about the youngest minors, I would agree that most of it is. And that is how we read the law-

ALITO: But is it like the old Playboy magazine? You have essays there by the modern day equivalent of Gore Vidal and William F. Buckley Jr.?

SHAFFER: Not in that sense, but in the sense you have sexual wellness posts about women recovering from hysterectomies and how they can enjoy sex. That’s on there. Discussions of age verification proposals and where the industry lines up as far as what they think should be legislated and what should not.

Alito’s question hearkened back to the old joke about men picking up copies of Playboy for the articles.