First Amendment

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34 results:

North Carolina Group Backing Age Verification Bill Admits Law Is Actually 'Anti-Pornography'

A North Carolina religious conservative group backing just-passed age verification legislation, which a Republican state senator snuck into an unrelated bill last week, has admitted the copycat amendment is in fact an “anti-pornography provision.”

ACLU, FSC Raise Objections to Senate's New Section 230-Busting Bill

An ACLU-led coalition of civil rights groups and groups representing LGBTQ+ individuals, sex workers, journalists and libraries issued an open letter to Senate Majority Leader Chuck Schumer on Monday warning against the Strengthening Transparency and Obligations to Protect Children Suffering from Abuse and Mistreatment (STOP CSAM) Act.

Court Blocks California's Controversial 'Age-Appropriate Design Code Act'

A federal judge on Monday issued an injunction blocking the California attorney general from enforcing the controversial California Age-Appropriate Design Code Act (CAADCA), which was passed last year after lobbying from a British baroness.

Texas Dept. of Health and Human Services Refuses to Answer Questions About Anti-Porn Law's Mandatory 'Warnings'

The Texas Department of Health and Human Services has declined to confirm or deny whether the “health warnings” mandated by the state’s recent anti-porn age verification law are supported by any official documentation or statement produced by that office.

opinion

AI-Generated Adult Content and the Law

In the near future, more and more adult content creators will stumble across realistic reproductions of their image and likeness posted on platforms or sold on membership sites — content never produced or authorized by the creator.

Texas Orders All Adult Sites to Post Anti-Porn Propaganda Disclaimers

The Texas legislature has passed a new age verification law that compels adult websites to post pseudoscientific anti-porn propaganda disclaimers declaring that “pornography is potentially biologically addictive, is proven to harm human brain development, desensitizes brain reward circuits, increases conditioned responses and weakens brain function.”

opinion

How Sex Trafficking Claims Can Affect the Adult Industry

Numerous online platforms, including Kik, Twitter, Reddit and MindGeek, have been sued by civil claimants seeking to hold them responsible for sex trafficking activities by their users. These lawsuits have significant consequences for adult industry website operators, billing processors and performers.

Lawrence Walters ·

North Dakota Republicans' Bill Proposes Total 'Obscenity Control'

A partisan bill introduced by North Dakota Republican state senators would redefine “obscene material and performance” and “explicit sexual material” in extremely broad terms that would result in creating criminal liability for almost all instances of nudity and references to sex outside of adult venues.

Woodhull Files New Reply Brief Challenging FOSTA

Woodhull Freedom Foundation has filed a reply brief with the United States Court of Appeals for the District of Columbia Circuit, the latest action in the organization's four-year legal battle to have FOSTA-SESTA declared unconstitutional.

5th Circuit Upholds Texas' Controversial Online Platform Liability Law

The Fifth Circuit Court of Appeals today upheld a controversial Texas law prohibiting social media platforms from “censoring speech based on the viewpoint of its speaker,” in a decision that ignored long-standing precedent that First Amendment protections prohibit only censorship by the government, not by private companies.

9th Circuit Hears Arguments in Backpage.com Appeal

Attorneys for the former owners of Backpage.com and for the federal government presented arguments this morning before a three-judge Ninth Circuit Court of Appeals panel, in the defendants' appeal of a lower court's denial to dismiss the case.

Utah Board of Education Adopts Guidelines for How to Ban 'Pornographic' Material

The Utah State Board of Education has approved official guidelines for how to ban books and other material from school libraries, amidst a moral panic stoked by religiously inspired activists seeking to cleanse education of “pornography.”

9th Circuit Sets New Date for Backpage.com Appeal

The Ninth Circuit Court of Appeals this week scheduled for September 2 oral arguments regarding a lower court’s refusal to dismiss the Backpage.com case, following the notorious 2021 mistrial declared by an Arizona judge.

DC Court Upholds FOSTA-SESTA, Rejects Free-Speech Challenge

The U.S. District Court for the District of Columbia rejected a legal challenge to FOSTA-SESTA presented by First Amendment and free speech advocates, ruling that the U.S. government can continue enforcing the controversial legislation.

Bipartisan Indiana State Bill Targets Adult Business Zoning

Two Indiana state legislators have taken a municipal battle over zoning discrimination against “sexually-oriented businesses” and ramped it up to the statewide level through a proposed bill prompted by recent legal wins by two adult boutiques.

Digital Rights Experts Warn Against Democrats' Sprawling 'America COMPETES' Bill

Digital rights experts and advocates are sounding the alarm about new provisions for government intervention in online commerce outlined in the lengthy "America COMPETES" bill, which they say may result in restrictions for potentially controversial content, including porn.

9th Circuit Rejects First Amendment Challenge to California's AB5

A panel of Ninth Circuit appeal judges rejected yesterday a First Amendment and Equal Protection challenge to California's Assembly Bill 5, a law that makes it harder for businesses to classify certain professionals — including writers, photographers and video content producers — as freelancers rather than as employees.

Sen. Klobuchar Introduces First Major Section 230 Carve-Out Since FOSTA-SESTA

A new Section 230-eroding bill, the “Health Misinformation Act” (HMA), was introduced yesterday by Sen. Amy Klobuchar (D-Minn.) to create liability for platforms that allow third-party content that is deemed to spread “misinformation” about an “existing public health emergency.”

Georgia Judge Orders Tokyo Valentino Location Shuttered

A Cobb County Superior Court judge has ordered a Tokyo Valentino store closed as the adult boutique awaits an appeal over a zoning and licensing dispute instigated by local officials who oppose “sexually oriented businesses” in the Atlanta-area city of East Cobb.

ACLU Warns Against Biden's Latest Attack on Section 230

The ACLU sharply criticized President Joe Biden and his administration for his direct attack on Section 230 liability protections, which  the White House has blamed for a proliferation of misinformation.