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Several porn website operators have teamed up to file a federal lawsuit challenging a new Indiana law that requires porn sites to verify that users are at least 18 before granting them access.
Senate Enrolled Act 17, which goes into effect July 1, requires adult websites to use a “reasonable” age verification method to prevent a minor from accessing the website. That could mean asking for personal information such as a driver’s license number to verify a person’s age.
“We will continue to fight for the rights of adults to access the internet free of shame and surveillance,” Alison Boden, executive director of Free Speech Coalition said in a news release. “While they may sound reasonable on their face, laws like SB17 have effectively functioned as state censorship. These laws have been a failure on every front, and we must take action to protect both the consumers and producers of expressive works from this harmful government overreach.”
The coalition, which represents the adult entertainment industry, joined porn website operators in filing the lawsuit Monday in U.S. District Court in Indianapolis.
The new law also allows parents or guardians of a child harmed by a violation of the age verification requirement to sue for monetary damages, injunctive relief and attorney fees.
The law also gives the Indiana attorney general the authority to investigate suspected violators of the law, seek an injunction against them and a civil penalty of up to $250,000.
Indiana Attorney General Todd Rokita posted on X, formerly Twitter, that his office looks forward to “upholding our constitutional duty” to defend the new law in court.
“Children shouldn’t be able to easily access explicit material that can cause them harm. It’s commonsense,” Rokita posted. “We need to protect and shield them from the psychological and emotional consequences associated with viewing porn.”
The lawsuit alleges the law violates both the U.S. Constitution and the federal Communication Decency Act, infringing on adults’ right to privacy. The plaintiffs also filed a motion for an expedited preliminary injunction to stop the law from taking effect, as well as a supporting brief.
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