Woodhull Freedom Foundation Urges Florida Senators to Reject 'Unconstitutional' Age Verification Bill

Woodhull Freedom Foundation Urges Florida Senators to Reject 'Unconstitutional' Age Verification Bill

TALLAHASSEE, Fla. — Woodhull Freedom Foundation reached out to every member of the Florida Senate Judiciary Committee on Wednesday, urging them to reject the state’s proposed age verification bill HB 3 as “not only unconstitutional and a danger to consumer privacy, but ineffective at preventing minors from accessing adult content.”

HB 3 is scheduled to be considered by the committee on Thursday.

The communication was written by Woodhull’s General Counsel, First Amendment expert Lawrence Walters.

This is the text of the communication:

My name is Lawrence G. Walters, and I am writing on behalf of the Woodhull Freedom Foundation as its General Counsel to express serious concerns regarding HB3.

While we agree completely with the goal of keeping children from material that is age-inappropriate or harmful, similar bills introduced in Texas, Louisiana, Utah, and other states have raised significant privacy risks for consumers and are in violation of their First Amendment protections.

As you may be aware, a number of states have passed similar bills. Unfortunately, these bills are not only unconstitutional and a danger to consumer privacy, they are ineffective at preventing minors from accessing adult content. The restrictions are easily evaded through the use of VPNs (as more than 40% of minors already use the technology), have little impact on overseas and pirate sites, and fail to address adult content on search engines or social media where children are most likely to stumble upon it. In fact, these bills encourage the growth of explicit sexual content on non-adult sites.

Compliance with HB 3 also requires a user to transmit extremely sensitive data – such as digitized copies of their government-issued identification, biometric scans, or other forms of data used by commercial age verification software providers – over the internet. The mere collection of this information opens citizens to the risk of data breaches. Even good actors and governments struggle to secure this type of data, as we’ve seen countless times in recent years. Just months after Louisiana’s bill went into effect, the Office of Motor Vehicles suffered a cyberattack and data breach.

Finally, sexually explicit content is First Amendment-protected speech and the Supreme Court has ruled repeatedly that restrictions on its production and consumption face the highest legal bar: strict scrutiny.

In Reno v. ACLU (1997), the Court struck down the statutory provisions of the Communications Decency Act (CDA) requiring use of age verification software as an unconstitutional content-based blanket restriction on speech, saying, “[i]n order to deny minors access to potentially harmful speech, the CDA effectively suppresses a large amount of speech that adults have a constitutional right to receive and address to one another.” Numerous other courts have struck down similar age verification laws over the past 20 years.

The solution is simple. Parental controls and device-level filters are effective tools if parents and schools are willing to use them. This technology not only puts power where it should be – in the hands of parents and caregivers – it is widely available, fully supported by industry, and endorsed by the Supreme Court.

Bills that so severely impact our First Amendment rights deserve serious consideration and debate. We ask that you veto HB3, and direct the legislature to work with technology companies, privacy experts and affected communities to find an effective solution. Thanks for your consideration.

For more information, visit WoodhullFoundation.org.

Copyright © 2026 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

Arizona Governor Vetoes 'Protect Act' With New Consent Provisions

Arizona Governor Kate Hobbs on Friday vetoed HB 2133, the “Protect Act,” which would have imposed new requirements for adult content uploaded online.

Brazil Begins Monitoring 18 Adult Sites for AV Compliance

Brazil’s National Data Protection Authority (ANPD) is now monitoring 18 high-traffic adult websites for compliance with the country’s Digital Statute for Children and Adolescents (Digital ECA), which requires such sites to age-verify users located in Brazil.

Ofcom Fines First Time Videos $100,000 for AV Noncompliance

U.K. media regulator Ofcom on Thursday imposed a fine of 80,000 pounds (more than $100,000) against First Time Videos, which operates FTVGirls.com and FTVMilfs.com, for failing to implement age checks required for compliance with the Online Safety Act.

Curves Ahead: How BBW Creators are Turning Differentiation Into Competitive Advantage

For centuries, curves have been celebrated as a symbol of beauty, sensuality and power. From the soft opulence of Rubens paintings to the glamorous silhouettes of pinup icons, fuller figures have long occupied a place in art, fashion and fantasy.

Woodhull Freedom Foundation to Host Virtual 'Pride' Edition of 'Fact Checked' Series

Woodhull Freedom Foundation is hosting a Pride Month virtual edition of its series “Fact Checked by Woodhull.”

'InMelanin' Relaunches Through PAYSITE

InMelanin.com has officially relaunched through PAYSITE.

Pearl Industry Network Partners With Takedown Piracy

Industry trade group Pearl Industry Network (PiN) has officially partnered with Takedown Piracy.

Hollywood Reporter Spotlights XBIZ Miami in Feature on Fan Platforms

Last month's XBIZ conference serves as the setting for a new Hollywood Reporter feature examining the competitive fan platform market.

F2F, Image Angel Launch 'Forensic Watermarking' for Traceability

Friends2Follow (F2F) and Image Angel have partnered to launch a new traceability solution to combat unauthorized content sharing with the use of forensic watermarks.

EU Court: France Can Require Foreign Sites to Implement AV

The European Union’s Court of Justice ruled on Tuesday that France may require pornographic websites based in other EU states to implement age verification in accordance with French law, as long as France follows EU electronic commerce rules.

Show More