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A U.S. district court judge has temporarily halted proceedings in the Free Speech Coalition’s (FSC) lawsuit challenging Florida’s controversial age verification law, citing the anticipated Supreme Court decision on a related case in Texas.
The ruling underscores the significance of the pending Supreme Court decision, which could shape the legal landscape for similar laws nationwide.
Chief United States District Judge Mark E. Walker of the Northern District of Florida granted Florida Attorney General Ashley Moody’s motion to stay the FSC lawsuit. The suit challenges HB 3, the state’s age verification law that took effect on January 1, requiring online platforms hosting adult content to verify users’ ages.
Walker stated in his opinion, “The Supreme Court’s ruling in [Free Speech Coalition v. Paxton] is substantially likely to inform this Court’s analysis of Plaintiffs’ First Amendment claim, the level of scrutiny that should apply, and how that may impact the merits of Plaintiffs’ claim.”
The stay will remain in effect until the Supreme Court issues its opinion in FSC v. Paxton—the Texas case argued earlier this month—or until July 3, 2025, whichever comes sooner.
HB 3, like similar laws passed in other states, mandates stringent age verification measures to prevent minors from accessing adult content online. Critics, including FSC and other stakeholders, argue the law infringes on First Amendment rights, creates privacy risks, and imposes burdensome requirements on adult websites. The law’s supporters contend it is a necessary measure to protect children from harmful content.
The Florida law has already prompted significant action from major industry players. Aylo, the parent company of Pornhub, began geo-blocking access to its platform in Florida on January 1, following similar measures in other states with comparable legislation.
Attorney General Moody filed the motion to stay in late December, asserting that the outcome of the Texas case before the Supreme Court would have a direct impact on the Florida lawsuit. While Moody’s office argues that the law is designed to protect minors, FSC and its allies contend it unconstitutionally chills free speech and places undue burdens on adult content platforms.
Adult industry attorney Corey D. Silverstein criticized the stay, suggesting it unfairly penalizes businesses operating in Florida without due process.
“Florida lawmakers are ignoring the constitution, just as in other states that have passed these laws, as well as ignoring existing case precedent that these laws are unconstitutional,” Silverstein said.
In his ruling, Judge Walker acknowledged the chilling effect on speech caused by the enforcement of HB 3, stating, “This Court recognizes that Plaintiffs’ speech is chilled every day the challenged law is in effect.” However, he emphasized the necessity of awaiting the Supreme Court’s decision to ensure a thorough and informed resolution.
The court’s decision to pause the case underscores the high stakes involved in FSC v. Paxton. The outcome of the Texas case is expected to clarify the constitutional standards applicable to age verification laws and could influence similar litigation across the country.
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