Indiana ACLU Warns About Censorship Potential of State's Age Verification Bill

Indiana ACLU Warns About Censorship Potential of State's Age Verification Bill

INDIANAPOLIS — The American Civil Liberties Union of Indiana has warned that the state’s version of the age verification legislation being sponsored around the country by anti-porn religious conservative activists will likely result in censorship of LGBTQ+ and other constitutionally protected content.

SB 17, authored by Republican Sen. Mike Bohacek, was approved Tuesday by the Indiana state legislature.

The statement from the ACLU of Indiana follows:

The internet can feel like the wild west, a place where people of all ages, including children, are just a few clicks away from encountering explicit content. Given this digital landscape, it is understandable that parents want to shield their kids from materials intended for adults. 

But SB 17, a bill aimed at limiting minors’ access to content online, would ultimately violate the constitutional rights of adult Hoosiers. 

This bill stipulates that any website that displays “material harmful to minors,” is required to use an age verification method to guarantee only adults are accessing the website. If the website fails to do so, the parents of a child harmed by the website’s content can sue for damages. And, as passed in the Indiana House, the bill would also allow the Attorney General to sue companies who fail to follow the law.

An Unconstitutional Law

This legislation will undoubtedly have a chilling effect on free expression online. The legitimate fear of having personal information exposed may deter adults from accessing legal and consensual adult content, thereby limiting their freedom to explore and express themselves in a private digital space.

The Supreme Court has ruled that states can restrict a minor's access to adult material, but legislators must navigate a delicate balance mandated by the U.S. Constitution. The law cannot inhibit a minor's access while simultaneously burdening an adult's right to access the same material.

In a precedent-setting case, Reno v. ACLU, the courts deemed age verification requirements were unconstitutional when a less restrictive alternative exists. For example, the voluntary installation of parental control filters.

Privacy Concerns

If this law goes into effect it will require that Internet users share personal data, such as a photo ID, with companies that claim to verify the user’s age. This will block some people – for example, those that lack government ID’s or whose age is mis-identified by this technology – from accessing these sites.

Hoosiers can’t be confident that these businesses have the capacity or processes to verify user’s ages, while keeping this information private. The bill requires companies to delete users’ personal information immediately, but without proper protections, bad actors – hackers or disgruntled employees – could use someone’s personal data for exploitation.

And this isn’t just a hypothetical. Health insurers, massive retail corporations, and government agencies have all faced data breaches. 

Unintended Consequences

Similar legislation in other states—Utah, Montana, Texas, Louisiana, Arkansas, Mississippi, North Carolina and Virginia — has drawn criticism for its unintended — or in some cases, intended — consequences.

In Utah, a similar bill caused PornHub — which receives 130 million total visitors per day — to block access to its site in the state, denying law-abiding adults access to constitutionally protected material. A statement from the company warned that the new age verification law could result in users seeking out sites with “far fewer safety measures.”

In some cases, companies may decide the financial burden of implementing the requirements outlined in SB 17 is not worth continuing to operate in Indiana. The costs of designing this age verification technology can easily surpass $100,000, plus the cost of potential lawsuits from parents and the Attorney General.   

Ongoing Culture Wars

SB 17 uses the broadly defined phrase “material harmful to minors,” which could ultimately be used to target age-appropriate LGBTQ+ or sex education content. We’ve already witnessed a systematic effort to censor access to LGBTQ+ literature in Indiana’s schools and libraries using the phrase “material harmful to minors.”

The Internet may emerge as the new battleground in some legislators’ efforts to erase LGBTQ+ Hoosiers.

Parents can already determine what content is appropriate for their kids, and tools exist to help them manage their children’s time on the Internet. These existing tools can do the job of this bill, without infringing on Hoosiers' rights.

If Indiana lawmakers proceed with this legislation, it will surely be held up in the courts as we have seen in other states. Lawmakers should not jeopardize the First Amendment rights of Hoosiers in an effort to censor the Internet.

For more information, visit ACLU-IN.org.

Copyright © 2025 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

Dr. Charlotte Gaydos Joins ProDx Health Advisory Board

Dr. Charlotte Gaydos has joined the Advisory Board of ProDx Health.

Aylo Fined $5 Million as FTC, Utah Settle Safety Practices Complaint

The Federal Trade Commission and the state of Utah on Wednesday settled a complaint against Aylo, requiring the company to pay a $5 million penalty and implement measures to prevent illegal content from appearing on its sites.

New AI Companion Platform 'Pornstar.love' Launches

Pornstar.love, a new AI companion platform, has officially launched.

Pineapple Support, Stripchat to Host 'Navigating Thoughts of Suicide' Support Group

Pineapple Support and Stripchat are hosting a free online support group to help performers deal with suicidal ideation.

Plaiir Names Cade Maddox as Lead of Creator Relations

Networking platform Plaiir has appointed Cade Maddox as its new lead of creator relations.

Go.cam Launches 'One-Line Integration' Verification Solution

Go.cam has introduced a one-line code integration for age verification.

XBIZ Amsterdam to Debut 'Behind the Lens' Screening Series

XBIZ is pleased to announce the debut of “Behind the Lens,” a new screening series presenting discussions with noted directors, taking place at the upcoming annual European conference, XBIZ Amsterdam.

'White Rabbit' Party Headed for XBIZ Amsterdam

XBIZ is pleased to announce the White Rabbit Party, an XBIZ Amsterdam special event set to take place Wednesday, Sept. 3.

2025 XBIZ Amsterdam Speaker Lineup Announced

XBIZ is pleased to announce the release of the full speaker lineup for XBIZ Amsterdam 2025, the latest edition of Europe’s biggest adult industry conference, set to take place Sept. 2-5 at the Jakarta Hotel in Amsterdam.

Sara Jay, Dan Leal to Sponsor XBIZ Amsterdam Kick-Off Event

Sara Jay’s Wyde Syde Productions and Porno Dan Leal’s Market64 will co-sponsor the Bottoms Up Day Drinking kick-off event for XBIZ Amsterdam 2025 at Excalibur Café on Sept. 2, from 2-4 p.m. (CET).

Show More