FSC Files Legal Challenge to Louisiana Age Verification Law

FSC Files Legal Challenge to Louisiana Age Verification Law

LOS ANGELES — Free Speech Coalition (FSC) has filed a legal challenge in Louisiana over the state’s age-verification law.

The Louisiana law gives the state the power to fine sites with adult content up to $5,000 per day, which the trade organization argues is a direct violation of the First Amendment.

As XBIZ reported, FSC filed a similar suit against the state of Utah in May.

Today's statement announcing the lawsuit follows:

Free Speech Coalition, the advocacy organization for the adult industry, has filed a legal challenge in Louisiana over the state’s unconstitutional age-verification law. The Louisiana law gives the state the power to fine sites with adult content up to $5,000 per day, a direct violation of the First Amendment. FSC filed a similar suit against the state of Utah in May.

Joining Free Speech Coalition in filing the challenge are Elizabeth Hanson, a military veteran and spouse of an active-duty Coast Guard member residing in Slidell; Andrea Barrica, founder of the sex education site O.school; journalist, educator, and content creator Charyn “Ryn” Pfeuffer; and fan platform JustFor.fans. The parties are represented by Jeffrey Sandman of Webb Daniel Friedlander LLP and D. Gill Sperlein of the Law Office of D. Gill Sperlein.

“These laws give the state the power to harass and censor legal businesses,” says Alison Boden, Executive Director of Free Speech Coalition. “We, of course, support keeping minors from accessing adult content, but allowing the state to suppress certain speech by requiring invasive and burdensome systems that consumers refuse to engage with is simply state censorship.”

Seven states have passed laws requiring sites with substantial amounts of “material harmful to minors” to check users’ government ID or other age and identity verification information in order to access content. But consumers have been reluctant to do so, with more than 90% of users abandoning sites that comply with such laws. 

Last year, Louisiana passed a law allowing for a private right of action against adult sites without such age-verification for consumers, and other states followed suit. In June, Governor John Bel Edwards signed a new law give the government the power to fine sites directly — as much as $1M per year. 

“The First Amendment protects our right to freely access legal content and ideas without government interference,” says Jeff Sandman, a New Orleans-based counsel for the Free Speech Coalition. “We’re fighting not only for adult businesses but for the right of legal adults to use the internet without government surveillance. Showing your ID in a checkout lane is simply not the same as submitting it to a government database.”

“For decades, our industry has voluntarily and enthusiastically worked with filters that allow parents and others to easily block adult sites,” says Boden. “Those who wish to can do so easily, and the Supreme Court has ruled that this is preferable to government-mandated censorship. We are again asking the courts to reject these unreasonable and dangerous restrictions on a free internet.”

The Louisiana complaint can be found here.

For more information, visit FreeSpeechCoalition.com.

Copyright © 2024 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Child Protection, Civil Liberties Groups File Amicus Briefs in Support of FSC Court Petition

Several child protection and civil liberties groups have filed amicus briefs in support of the Free Speech Coalition's (FSC) petition to the Supreme Court.

Woodhull Urges the Supreme Court to Find Texas AV Law Unconstitutional

The Woodhull Freedom Foundation and the Electronic Frontier Foundation submitted a brief to the United States Supreme Court on Thursday, urging the justices to rule against Texas’ age verification law.

AEBN Publishes Popular Searches for March and April

AEBN has released the top search terms for the months of  March and April from its straight and gay theaters in all 50 states and the District of Columbia.

2024 XBIZ Creator Awards Winners Announced

Winners of the 2024 XBIZ Creator Awards were revealed Wednesday evening during a live ceremony at E11EVEN Nightclub in Miami, Florida. The event, presented by Fansly, was hosted by Siri Dahl and Little Puck.

'90s Japanese Performer Sues to Remove Titles from Streaming Site

Former Japanese performer Miyuki Ariga is suing the Fanza adult streaming site at the Tokyo District Court to remove four titles in which she appeared in 1994.

Free Speech Coalition Asks Court to Block Montana AV Law

The Free Speech Coalition (FSC) has asked the US District Court of Montana to block the state's new age verification law.

Segpay Launches Virtual 'Segcard' Creator Payout Solution

Segpay has updated its Segcard creator payout option by offering a new, virtual version.

Leading Conservative Think Tank Slams 5th Circuit for Upholding Texas Age Verification Law

Leading conservative think tank the American Enterprise Institute has published an opinion piece penned by one of its senior fellows criticizing the 5th Circuit endorsement of Texas’ controversial age verification law.

OpenAI Shuts Down AI-Generated Porn Rumors

A spokesperson for OpenAI, the company behind ChatGPT, has shut down online chatter about how a rumored relaxation of the company’s stance against AI-generated NSFW content may result in a lifting of its porn ban.

9th Circuit Upholds Verdict Against Oregon College for Discriminating Against Former Adult Performer

The 9th U.S. Circuit Court of Appeals on Monday upheld a 2022 Oregon jury’s verdict in favor of Nicole Gililland, a former nursing student who sued her school for discriminating against her because of her adult performer past.

Show More