Industry stakeholders and free speech advocates have anxiously been awaiting the Supreme Court’s decision in Free Speech Coalition v. Paxton, which could significantly impact state age verification laws around the country. In the meantime, state legislatures continue to weigh and pass AV bills, AV tech providers continue to tout their services, and legal challenges continue to play out in the courts — with some cases on hold pending the SCOTUS ruling in Paxton.
This roundup provides an update on the latest news and developments on the age verification front as it impacts the adult industry.
The past two weeks saw developments that were cause for industry concern in some states, as well as for some relief in others.
From the ‘End Run’ Department
As XBIZ reported last week, Missouri’s attorney general is attempting to circumvent the state’s legislative process by unilaterally announcing a new state AV regulation, though the rule must first undergo a publication and public comment process.
In Ohio, legislators have employed another common tactic for advancing legislation that might be difficult to advance on its own: tacking age verification legislation onto an appropriations bill. If the state’s omnibus spending bill passes the state Senate, the new AV regulations will pass with it.
While the state’s Republican governor, Mike DeWine, has line-item veto power, it is unlikely that he would use it to veto the AV provisions. As a U.S. senator, DeWine strongly supported the Communications Decency Act, which was struck down by the Supreme Court in 1997 over First Amendment concerns.
Another Two Bite the Dust
A Nevada age verification bill has died before ever being heard in committee or voted on. AB 294 would have been yet another cookie-cutter AV law, but is now off the table due to a rule limiting action and referrals on most bills after the 68th day of the legislative session.
In Colorado, meanwhile, a bill reported on in XBIZ's April 1 Age Verification Bulletin has also gone down, this one postponed until at least next year by its own sponsors after it encountered opposition from civil liberties groups — including Free Speech Coalition — and a veto threat from the governor’s office.
Other Updates
- As expected, North Dakota’s governor signed a recently passed AV bill into law on Friday.
- In Pennsylvania, a cookie-cutter AV bill has been introduced with bipartisan sponsorship.
- In France, an age assurance law with provisions that began rolling out in January expanded on April 11 to include non-European adult sites.
Numerous other state bills, introduced earlier in the legislative session, continue to wind their way through committee hearings and floor readings in various states. Free Speech Coalition maintains and updates a list of pending AV legislation here.
When Will the Supreme Court Rule in FSC v. Paxton?
The Supreme Court will continue hearing oral arguments for cases under the current term until the end of April. Rulings on pending cases could be issued in May and/or June.