Florida AG Asks for Halt of AV Lawsuit Pending SCOTUS Decision

Florida AG Asks for Halt of AV Lawsuit Pending SCOTUS Decision

TALLAHASSEE, Fla. — 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.

The motion requests that the United States District Court for the Northern District of Florida stay the lawsuit while still allowing HB 3 to take effect on Jan. 1.

"Nor would a stay, which would permit HB 3 to go into effect on January 1, be unfair to Plaintiffs," Moody writes in her motion. "Both the Fifth Circuit and the Supreme Court have allowed Texas’s statute to remain in effect while the Supreme Court is considering its constitutionality."

Adult industry attorney and First Amendment expert Corey D. Silverstein, who filed an amicus brief on behalf of the Electronic Frontier Foundation (EFF) and the Woodhull Freedom Foundation in the Texas case, Free Speech Coalition et al. v. Paxton, told XBIZ that granting the motion would amount to weaponizing the FSC lawsuit against adult sites operating in Florida by allowing the state to penalize them without due process.

"It’s absurd," Silverstein said. "The attorney general is trying to take advantage of the situation. The appropriate thing here would be for the parties to agree on a temporary injunction against HB 3, as well as staying the lawsuit until such time as the Supreme Court issues its Texas decision. She wants to have her cake and eat it too."

Silverstein added that if the motion were passed without an injunction against the law, it could create a separate due process violation.

"Florida lawmakers are ignoring the constitution, just as in other states that have passed these laws, as well as ignoring existing case precedent that these laws are unconstitutional," he said.

Moody is one of several state attorneys general who filed amicus briefs with the Supreme Court supporting Texas AG Ken Paxton. The Court is scheduled to hear oral arguments for the Texas case on Jan. 15.

As XBIZ reported earlier this month, the ramifications of HB 3 are already being felt, with Aylo set to geo-block Pornhub in Florida on Jan. 1.

FSC declined to comment as the case is in active litigation.

View Document

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

2027 XBIZ Exec Awards Pre-Nominations Period Opens

XBIZ is pleased to announce that the pre-nomination period for the 2027 XBIZ Exec Awards, the adult industry’s preeminent career honors, begins Wednesday and runs through Oct. 14.

Takedown Piracy Reports Infiltration, Monitoring of 'Mega.nz' Pirated Content

Takedown Piracy has reported that the organization has successfully infiltrated Mega.nz folders and identified and removed thousands of instances of stolen content.

Pornhub Unblocks Australia Users on iOS Devices, Citing Apple AV Effectiveness

Pornhub parent company Aylo on Tuesday announced that users in Australia will once again be able to access the popular site if they are using Apple devices and have confirmed their age through Apple’s Australian age-verification process.

California Governor Signs Bill Limiting CIPA Claims

Governor Gavin Newsom has signed into law a bill to narrow the scope of the California Invasion of Privacy Act (CIPA), to prevent abusive lawsuits targeting online businesses, including adult websites.

California Enacts Stricter UGC Rules for Adult Sites

Governor Gavin Newsom has signed into law a bill to impose tighter compliance standards for user-generated content (UGC) on adult websites accessible in California.

Minister: UK Aims to Begin Enforcing 'Choking' Ban Before Year's End

The U.K. will soon begin enforcement of a new law criminalizing depictions of “non-fatal strangulation” in adult content, according to a Ministry of Justice official.

XBIZ LA Conference Website Now Live, Registration Open

The event website for the XBIZ LA conference is now live, offering comprehensive information about the upcoming event, taking place Jan. 7-10 at the JW Marriott L.A. LIVE.

CrakRevenue Launches Mobile App for Real-Time Affiliate Alerts

CrakRevenue has launched Aff Companion, a mobile app that sends affiliates real-time notifications about clicks, conversions, and revenue.

Goddess Lilith Launches New Official Website Through PAYSITE

Goddess Lilith has rolled out her new official site, QueenGoddessLilith, through PAYSITE.

Pineapple Support to Host 'Reclaiming Intimacy' Support Group

Pineapple Support is hosting a free online support group for performers with trauma-impacted intimacy issues.

Show More