The Free Speech Coalition (FSC), the adult industry’s leading trade organization, has officially withdrawn its federal lawsuit challenging Florida’s age verification law, citing the U.S. Supreme Court’s recent decision in Free Speech Coalition v. Paxton, which upheld similar legislation in Texas.
U.S. District Judge Mark E. Walker for the Northern District of Florida granted the FSC’s motion to dismiss on Tuesday. The FSC’s decision to voluntarily end its challenge comes just days after the high court ruled that states may constitutionally require adult websites to implement age verification under a lower legal threshold — “intermediate scrutiny” — rather than the traditionally higher “strict scrutiny” standard applied to First Amendment cases.
“This is a tremendously horrible, censorious decision,” said FSC Director of Public Policy Mike Stabile during a webinar the organization held to explain the Supreme Court ruling. “They had their minds made up… It was written with a goal in mind.”
Mike Stabile told the Tallahassee Democrat that the FSC sees “significantly reduced” chances of success in Florida following the Supreme Court’s decision. However, he emphasized that the group is still monitoring efforts to restrict adult content across the state.
“The Paxton decision does not give the government carte blanche to censor content it doesn’t like,” Stabile said.
FSC leadership made clear that while the Florida lawsuit is over, the broader battle is not. The organization is actively reassessing its legal strategy in other states where similar lawsuits remain pending. “We’re looking at the other states in light of the ruling to understand the strongest path forward,” Stabile told AVN.
In a public webinar attended by more than 100 stakeholders, FSC Executive Director Alison Boden and Stabile discussed the implications of the ruling. Their central message: there is no safe harbor, and the adult industry must act now to reduce legal risk.
“The law as written might mean what it says, but if it hasn’t been litigated yet, it could mean something different,” Boden cautioned, pointing to vague language and inconsistent application across various state laws.
The Supreme Court decision does not clarify what percentage of adult content triggers regulation. Nor does it establish a standard method for age verification. In some states, even minimal sexual content could prompt enforcement. Boden and Stabile warned that content creators, affiliate marketers, and even users of social media platforms could be vulnerable.
“If you think you’re safe because you’re small or independent or don’t host porn directly, you’re wrong,” Boden said. “AGs in many states are now even more emboldened to come after websites.”
FSC is now shifting its focus to compliance support and policy reform. Plans include:
Alsion Boden acknowledged the road ahead is steep. “This has been a really difficult loss for us,” she said. “But we’re going to fight as hard as we can.”
Stabile added that the decision has implications beyond the adult industry, noting that the “harmful to minors” justification is being applied to LGBTQ+ content, sex education, drag performances, and more.
“Going after porn is the Trojan horse,” he said. “These laws are being used to go after all kinds of expression.”
The FSC’s warning is clear: compliance is now essential, but it may not be enough. With state attorneys general emboldened by the Supreme Court’s green light, legal risk now extends to even modest adult content operations.
“There’s going to be more fights to come,” Stabile said. “And we’re going to need the industry to rally.”
FSC is calling for unity, urging creators, companies, and allies to join the effort. “Please reach out. Share your thoughts. However, we move forward, it will be with the industry’s best interests at heart,” Boden said. “We’re not done.”
You can follow the Free Speech Coalition on X at @FSCarmy.