Texas House Bill 1375 seeks civil liability changes for obscenity cases

Texas House Bill 1375, introduced on March 11, 2025, aims to amend the Civil Practice and Remedies Code by establishing new provisions regarding civil liability for obscenity. Sponsored by Representative Schatzline, the bill seeks to clarify the legal definitions surrounding obscenity and harmful materials, particularly in relation to commercial entities and news-gathering organizations.

The bill defines key terms such as "commercial entity," "harmful material," and "minor," aligning them with existing legal definitions in the Texas Penal Code. A significant aspect of the legislation is its focus on the responsibilities of commercial entities in relation to the distribution of obscene materials, potentially increasing their liability in civil cases.

Debate surrounding House Bill 1375 has already begun, with proponents arguing that it is necessary to protect minors from harmful content and hold businesses accountable for the materials they disseminate. Critics, however, express concerns about the potential for overreach and the implications for free speech, particularly for news organizations that may inadvertently distribute content deemed obscene.

The bill's introduction has sparked discussions about its broader implications for media and publishing industries in Texas. Experts warn that if passed, it could lead to increased litigation against businesses and media outlets, potentially stifling the dissemination of information and limiting access to diverse viewpoints.

As the bill moves to the Judiciary and Civil Jurisprudence Committee for further consideration, its future remains uncertain. Stakeholders from various sectors are closely monitoring developments, as the outcome could significantly impact civil liability standards and the balance between protecting minors and preserving free expression in Texas.