Florida Age Verification Law Faces Legal Challenge

Florida Age Verification Law Faces Legal Challenge

TALLAHASSEE, Florida — Tech industry trade groups NetChoice and the Computer & Communications Industry Association (CCIA) filed a lawsuit Monday challenging Florida’s HB 3, which includes a requirement for adult websites to verify the age of site visitors in the state.

Both groups have previously taken stands and participated in litigation against age verification legislation, aligning with Free Speech Coalition (FSC) and its allies on the free speech, privacy and security issues raised by such laws.

In a statement, CCIA noted that HB 3, which is set to take effect Jan. 1, 2025, “would restrict users’ access to lawful content that is protected by the First Amendment.” 

The suit, filed with the United States District Court for the Northern District of Florida, in the Tallahassee Division, argues that “As courts have repeatedly reaffirmed, requiring adults to verify their age before accessing speech significantly burdens First Amendment rights.”

Industry attorney Lawrence Walters, of the Florida-based Walters Law Group, told XBIZ on Tuesday, “Numerous options are widely available for parents to restrict access to content or applications that they believe are inappropriate for their children. These options exist at the network level, carrier level, browser level, and application level, and are far more effective to protect minors from exposure to inappropriate materials without violating constitutional rights.”

The suit also objects to provisions that restrict minors’ access to social media, arguing that those measures also violate First Amendment rights. Walters shed light on that aspect as well.

“Florida has taken it upon itself to decide that minors of a certain age may not use social media,” Walters explained. “The state has also determined that minors of other ages must obtain parental consent before accessing social media services. Denying minors the ability to access and engage in the marketplace of ideas on social media platforms is not the proper role of government and violates the First Amendment under established case law.”

As XBIZ reported in March, when the bill was passed by the Florida legislature, HB 3 is a much expanded version of a bill originally introduced by Rep. Chase Tramont, a politician and ordained clergyman who serves as pastor at Oceanway Church in New Smyrna Beach. Tramont's bill originally only targeted adult websites, but broader regulations about social media were added to it later.

When Florida Gov. Ron DeSantis signed the bill into law shortly thereafter, FSC condemned the measure as “deeply unconstitutional.”

According to the Tallahassee Democrat newspaper, the case has been assigned to Chief U.S. District Judge Mark Walker, an appointee of President Barack Obama.

A representative of Florida Attorney General Ashley Moody told the paper, “As a mother, Attorney General Moody will fight aggressively in court to ensure the ability to protect Florida children.”

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

Pineapple Support Taps Natassia Dreams, Josy Black as Brand Ambassador

Pineapple Support has named content creators Natassia Dreams and Josy Black as its newest brand ambassadors.

Florida AG Asks for Halt of AV Lawsuit Pending SCOTUS Decision

Florida Attorney General Ashley Moody has filed a motion asking a federal court to halt the Free Speech Coalition (FSC) lawsuit challenging HB 3, the state's age verification law, pending the Supreme Court's ruling in the Free Speech Coalition-led challenge to Texas’ age verification law, HB 1181.

VRPorn.com Launches 'Virtual Reality Porn' Meme Coin

VRPorn.com has launched a new cryptocurrency meme coin on its platform.

Angie Rowntree's Sssh.com Celebrates 25 Years of Pioneering Erotica

Over 25 years ago at an adult internet trade show called IA2000, a producer warned filmmaker Angie Rowntree that there was no market for “porn for women.”

Streamate Spotlights Savannah Sly as December 'Elevate' Community Partner

Streamate has selected New Moon Network founder and co-director Savannah Sly as its Elevate Community Partner for December.

LaBellaDX Launches New Site Through YourPaysitePartner

Content creator LaBellaDX has launched her new official website through YourPaysitePartner (YPP).

Clip Page Launches 'Creator Analytics' Feature

Custom content marketplace Clip Page has launched the Creator Analytics feature on its platform.

BBWXXXAdventures Relaunches Through Grooby's Blue.xxx

Paysite BBWXXXAdventures has relaunched under Grooby's new website management company Blue.xxx.

Flirt4Free Announces 'Tease the Season' Holiday Contest

Flirt4Free has announced its Tease the Season promo and model contest, which will run Dec. 21-25.The competition is led by the return of the Snowflake Contest, where models can be gifted digital snowflakes by their fans. The models who collect the most snowflakes by 11:59 a.m. on Christmas Day will win cash prizes.

SWR Data Publishes 2024 'Top Creator Platforms' Report

Adult industry market research firm SWR Data has published a report on the Top Creator Platforms of 2024.

Show More