The Free Speech Coalition (FSC) has officially withdrawn its support for North Dakota Senate Bill (SB) 2380, citing concerns over lawmakers’ decision to replace a device-based age verification model with a site-based system.

The adult industry trade group had originally backed the bill, which would have required phones, tablets, and other internet-enabled devices to verify the user’s age—blocking children from accessing adult content at the device level. However, following legislative changes that shift the responsibility to adult websites, the FSC announced Thursday that it can no longer support the bill.

The initial version of SB 2380 proposed a device-based age verification (AV) model, where operating systems or manufacturers would determine a user’s age and automatically restrict access to age-inappropriate material.

FSC had endorsed this approach, arguing that:

• It effectively blocks minors from adult content without compromising privacy.
• It prevents websites from collecting personal data, unlike site-based models.
• It aligns with age verification models being introduced for social media in multiple states.

Earlier this week, North Dakota lawmakers amended SB 2380, removing the device-based model and replacing it with a site-based AV system, which:

• Requires adult websites to verify user age before granting access.
• Places legal liability on website operators instead of device manufacturers.
• Mirrors laws passed in states like Texas and Utah, which have faced legal challenges and website shutdowns.

The Free Speech Coalition strongly opposes this shift, arguing that site-based AV laws:

• Threaten user privacy by requiring individuals to submit government IDs or credit card information to access adult content.
• Are easily bypassed using VPNs and proxy services, making them ineffective.
• Violate the First Amendment by placing unconstitutional restrictions on legal adult content.

In its withdrawal announcement, the FSC expressed frustration with North Dakota lawmakers:

“The adult industry recognizes that device-based age verification is the only solution that can effectively prevent children from encountering adult content while protecting the privacy and constitutional rights of adults.”

“We’re disappointed that legislators in North Dakota chose to prioritize the concerns of Big Tech over the needs of their constituents.”

The FSC’s decision to withdraw support comes just days after the North Dakota Legislature declared pornography a public health hazard, signaling a broader push for restrictive online content laws.

With FSC no longer backing SB 2380, the bill is now expected to face greater resistance from free speech and digital rights organizations.

• Similar site-based AV laws in Texas, Utah, and Louisiana have already been challenged in federal courts.
• Major adult platforms like Pornhub have blocked access in states with site-based AV requirements, limiting consumer access.
• Ongoing litigation in Texas and before the U.S. Supreme Court could set a nationwide precedent on whether such laws are constitutional.

Despite FSC’s withdrawal of support, North Dakota lawmakers are expected to move forward with the revised bill, which could pass in the coming weeks.

• You can follow the Free Speech Coalition on X at @fscarmy.