The Free Speech Coalition (FSC), joined by educators, content creators, and sexual wellness advocates, has filed a federal lawsuit to halt Florida’s upcoming age verification law, HB3, arguing that the measure poses significant threats to free speech and user privacy. The controversial law, slated to take effect on January 1, 2025, requires websites hosting material deemed “harmful to minors” to implement strict age-verification methods, such as government ID uploads or facial recognition scans.

The lawsuit, filed late last week, comes as part of a broader national battle over age verification mandates, with similar laws being challenged in states such as Texas, Tennessee, Louisiana, Utah, Indiana, and Montana. The Texas case, Free Speech Coalition v. Paxton, is set for oral arguments before the U.S. Supreme Court in January 2025, a decision expected to set a critical legal precedent for age-verification laws nationwide.

Florida’s HB3 gives the state attorney general the power to bring civil claims of up to $50,000 per violation against websites that fail to comply with the age-verification requirement. The law defines “material harmful to minors” broadly, covering any online content that includes sexual depictions, even if legal for adults to access.

Proponents of the legislation argue that the measures are necessary to protect minors from explicit content. However, opponents contend the law imposes unconstitutional restrictions on legal speech and raises serious concerns about user privacy.

“These laws create a substantial burden on adults who want to access legal sites without fear of surveillance,” said Alison Boden, Executive Director of the Free Speech Coalition. “Despite the claims of the proponents, HB3 is not the same as showing an ID at a liquor store. It is invasive and carries significant risk to privacy. This law and others like it have effectively become state censorship, creating a massive chilling effect for those who speak about, or engage with, issues of sex or sexuality.”

The lawsuit includes co-plaintiffs representing a broad coalition of industries and fields impacted by the law:

• O.school (Deep Technologies, Inc.): A sex education platform providing educational content about healthy sexuality.
• Adam & Eve (PHE, Inc.): A leading sexual wellness retailer.
• JustFor.Fans (JFF Publications, LLC): A platform for adult fan creators.
• Barry Chase: A Florida attorney concerned about the implications of the law.

The plaintiffs are represented by a legal team with extensive experience in free speech litigation, including D. Gill Sperlein of the Law Office of D. Gill Sperlein, Jeffrey Sandman of Webb Daniel Friedlander LLP, Gary S. Edinger of Benjamin, Aaronson, Edinger & Patanzo, P.A., and Lawrence G. Walters of Walters Law Group.

At the heart of the lawsuit are concerns that the law undermines privacy and imposes unconstitutional restrictions on legal content. Critics argue that requiring users to upload sensitive personal data, such as a government ID or facial scans, risks exposing individuals to surveillance, data breaches, and misuse of personal information.

“This law places a significant burden on adults who wish to engage with protected speech online,” said attorney Lawrence Walters. “It forces users to sacrifice their privacy simply to access legal content, setting a dangerous precedent that threatens the open nature of the internet.”

FSC’s lawsuit also raises concerns about the chilling effect of HB3. Many website operators may opt to restrict or censor content preemptively to avoid potential legal penalties, further limiting adults’ access to legal, educational, or wellness-related material.

Florida is among a growing number of states pushing age-verification mandates, a movement driven by concerns over minors accessing explicit material online. While these laws aim to protect children, they have faced significant legal challenges on First Amendment grounds.

Similar age-verification measures in other states have already sparked lawsuits with varying outcomes. The Texas case has garnered particular attention, as it will address the constitutional question of whether such laws require strict scrutiny, the highest standard of judicial review for laws regulating free speech.

With the Supreme Court set to hear arguments in Free Speech Coalition v. Paxton early next year, the outcome of the Texas case could heavily influence the trajectory of Florida’s HB3 and similar legislation nationwide. In the meantime, FSC and its co-plaintiffs seek an expedited preliminary injunction to block HB3 from taking effect in January 2025.

“The stakes are high, not just for Florida but for internet users across the country,” Boden said. “We are committed to fighting laws that endanger free speech, privacy, and the fundamental rights of adults to access legal content without fear of surveillance or censorship.”

View the filing or learn more about FSC’s current litigation.