I was reading a great story by Michael McGrady, where he delved into the technical and legal intricacies of the online adult entertainment industry, and I wanted to talk about it.

In a recent decision, a Louisiana federal district judge discarded a lawsuit opposing the mandatory age verification law set for online adult content access. The Free Speech Coalition and other concerned parties within and around the adult entertainment sector initiated this legal challenge.

These plaintiffs sought to halt the implementation of the age verification mandate that was enacted last year and came into effect at the beginning of 2023. However, due to jurisdictional issues, U.S. District Judge Susie Morgan dismissed the lawsuit, aligning with the defendants, including state officials and Attorney General Jeff Landry.

The age verification statute is peculiar as it is framed as a ‘bounty’ law, where state officials cannot enforce it. However, it allows any Louisiana resident to legally pursue websites that do not comply with the age verification requirements. Enforcement solely depends on private civil actions with remedies in the form of damages rather than government intervention, with state courts designated as the appropriate venues for these cases.

This isn’t a novel situation. Utah had previously enacted a similar law regarding age verification for adult content, which also faced legal challenges from the Free Speech Coalition and others. However, the lawsuit was dismissed due to technical reasons, with the presiding judge referring to established case law.

In the landmark case of Whole Woman’s Health v. Jackson (2021), the U.S. Supreme Court clarified that federal lawsuits directed at government officials intending to contest laws enforced by private entities, or so-called ‘bounty hunters,’ are not permissible. The aforementioned case deliberated on a controversial Texas law (Senate Bill 8 or the Texas Heartbeat Act of 2021), examining if it was possible for activists to prevent the enforcement of a law that essentially encourages private parties to sue individuals suspected of facilitating abortions.

The Supreme Court’s conservative majority, emphasizing states’ rights, granted Texas officials sovereign immunity protection. This legal standard was not met by the plaintiffs in both the Louisiana and Utah cases, leading to the dismissal of their lawsuits. After the dismissal in Utah, the plaintiffs appealed to the Tenth Circuit Court of Appeals in Denver, and it seems likely they will pursue a similar course following the recent decision in Louisiana. Mike Stabile, the Free Speech Coalition’s Director of Public Affairs, mentioned, “While we disagree and plan to appeal, the ruling doesn’t reflect on the law’s constitutional validity.”

It’s crucial to note that the Fifth Circuit Court of Appeals oversees the U.S. District Court for the Eastern District of Louisiana. Currently, the Fifth Circuit is reviewing the Free Speech Coalition’s case against Texas concerning its age verification statute requiring public health labeling. An administrative stay has been issued by a panel of circuit judges on a preliminary injunction from a Texas judge, who suggested that the law might infringe on the First Amendment rights of adult content consumers and providers. This stay permits the age verification statute to be operational amidst ongoing legal proceedings.

While age verification laws in their current design are contentious, raising First and Fourteenth Amendment concerns, it is fundamental to acknowledge the importance of accessible adult content as a matter of personal right and freedom. The ongoing legal discussions and battles surrounding these laws undoubtedly warrant close observation and analysis for their implications on digital freedom and rights.

Michael McGrady covers the tech side of the online porn business. He is the contributing editor for AVN.com. You can follow him on Twitter (X) at @AVNmikeoffical.