A legal challenge to Florida’s new age-verification law for adult websites is intensifying, with plaintiffs pushing back against a request by Attorney General Ashley Moody to temporarily halt the lawsuit.
The Free Speech Coalition, an adult entertainment industry group, and other plaintiffs are seeking a preliminary injunction to block the law from being enforced while the case is being decided. They argue that the law, which took effect last week, violates First Amendment rights.
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Attorney General Moody has requested a stay of the lawsuit pending the outcome of a similar case involving a Texas law currently before the U.S. Supreme Court. Moody argues that the Supreme Court’s decision, expected by July, will likely resolve key First Amendment issues relevant to the Florida law.
However, the plaintiffs are urging the court to proceed with the case, arguing that the state should not be allowed to enforce a potentially unconstitutional law without judicial oversight.
The age-verification law, passed during the 2024 legislative session, requires businesses that publish or distribute a “substantial portion” of material harmful to minors to verify the age of users attempting to access such content. Supporters of the law say it is necessary to protect children from online pornography.
The lawsuit challenging the law raises several constitutional concerns, including:
- First Amendment Violations: Plaintiffs argue that the law infringes on the rights of adults to access legal content.
- Due Process Concerns: The law’s requirements for users to provide digital proof of identity raise privacy concerns.
- Commerce Clause and Supremacy Clause Issues: The lawsuit also alleges that the law violates provisions related to interstate commerce and federal law.
The controversy surrounding the law gained national attention last month when Pornhub, a popular adult website, blocked access to its site for Florida users in response to the new regulations.
Chief U.S. District Judge Mark Walker will first rule on Attorney General Moody’s motion for a stay before considering the plaintiffs’ request for a preliminary injunction. The outcome of this legal battle will have significant implications for online content regulation and free speech in Florida.
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