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Indiana Attorney General Todd Rokita is leading a group of attorneys general from across the nation in filing a brief in support of a Texas age verification law for adult websites that is being challenged in the U.S. Supreme Court.
The outcome of the case is expected to impact similar laws in Indiana and several other states that require pornography websites to verify the age of its users to prevent minors under age 18 from accessing the material.
Rokita led the filing of the amicus brief with Ohio Attorney General Dave Yost. Twenty-two additional states signed on to the brief, which argues that state government has the authority to regulate the pornography industry through age verification.
“Not only do states have the authority to prevent pornography websites from providing children with hardcore porn, but they have a responsibility to do so,” Rokita said in a news release. “The truth is that exposure to porn — much of which touts sexual violence — causes real harm to minors. It hurts them emotionally, intellectually, psychologically, sexually and socially. So, there are compelling reasons to prevent minors from viewing pornography. Children are a precious gift from God. As a public servant, I’ll always support parents in the mission to protect our kids.”
The brief argues that “states enjoy broad power to protect minors from harm” and says the Texas law presents an “especially clear example of permissible age-verification requirements.” The court filing concludes that if states may constitutionally condition access based on age then it is constitutional to require commercial operators to verify age.
The Free Speech Coalition, which includes Pornhub and a coalition of adult filmmakers, producers, distributors, wholesalers, and internet platforms, is challenging the Texas law as well as Indiana’s in a separate lawsuit.
Generally, the coalition argues that such laws violate both the U.S. Constitution and the federal Communication Decency Act, infringing on adults’ right to privacy by requiring them to disclose too much information about themselves to access the material.
The Texas case is currently set for oral arguments before the Supreme Court on Jan. 15. The Indiana lawsuit is pending in the U.S. District Court, Southern District of Indiana.
In addition to requiring age verification, Indiana’s law 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.
Additionally, 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.
U.S. District Court Judge Richard Young initially granted a preliminary injunction, temporarily stopping the Indiana law from taking effect. However, that was reversed on appeal by 7th Circuit Court of Appeals Judge Ilana Rovner.
Currently, discovery in the Indiana case is due by Feb. 28, 2025, and dispositive motions are due by March 31.
The case is Free Speech Coalition, et al. v. Todd Rokita in his official capacity as the Attorney General of the state of Indiana, 1:24-cv-980.
The Texas case before the U.S. Supreme Court is Free Speech Coalition, et al. v. Ken Paxton, Attorney General of Texas, 23-1122.
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