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 © 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

NextGen Payment Joins ASACP as Corporate Sponsor

NextGen Payment has signed on as the latest corporate sponsor for the Association of Sites Advocating Child Protection (ASACP).

Lauren Phillips, Derek Kage Cap AEBN's Top Stars for 3rd Quarter of 2025

AEBN has revealed its most popular performers in straight and gay theaters for the third quarter of 2025.

XBIZ 2026 Conference to Debut All-New Company Lounges, Community Track

The event website for XBIZ 2026 is now live, unveiling details for North America’s largest adult industry conference, including two all-new show features: Company Lounges and a Community Track.

Mymember.site Integrates VR Functionality

Mymember.site has added virtual reality playback capability to its website management platform.

Texas Patti to Launch Fetish Platform 'EmpireDom'

Performer and content creator Texas Patti is launching a new platform for doms and fetish creators, EmpireDom.com.

Ohio AG Threatens Action Against 'Major' Adult Sites Over AV Law

Ohio Attorney General Dave Yost announced today that his office is sending "notice of violation" letters to 19 adult websites for failure to comply with the state's recently enacted age verification law.

Chaturbate Announces 2025 Music Contest Winners

Chaturbate has revealed the winners of its 2025 music competition.

2026 XBIZ Exec Awards Pre-Noms Open With Debut of New 'Impact' Honors

XBIZ is pleased to announce that the pre-nomination period for the 2026 XBIZ Exec Awards, the adult industry’s premier career honor, begins today and runs through Oct. 14.

MYM Rolls Out New Traffic Features for German Creators

German platform MYM has launched a new traffic system for its creators.

Ukrainian Content Creators on Hook for Nearly $10M in Back Taxes

Content creators in Ukraine owe the equivalent of $9.3 million in back taxes, according to the country's State Tax Service.

Show More