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Legislation for Age Verification in Adult Websites is a Controversial Intersection with Far-Right Campaigns

LEGAL NEWS STRAIGHT

I read an amazing article recently by Michael McGrady Jr. (from the Alabama Political Reporter), who talks about porn age verification legislation. And it made some amazing points.

Age Verification

The recent push for age verification (AV) on adult websites by conservative lawmakers in the United States, while seemingly well-intentioned in its aim to shield minors, harbors a more troubling aspect. This movement, predominantly driven by far-right Republicans, is closely linked to strategies and lobbying efforts of extremist right-wing organizations.

In Alabama, Representative Susan DuBose, R-Hoover, and Representative Ben Robbins, R-Sylacauga, have announced intentions to introduce and reintroduce AV bills, respectively. These proposals, mirroring a trend initiated in Louisiana, require adult websites to implement stringent age verification processes. Louisiana’s law, for instance, mandates adult sites to integrate with a state-developed digital ID app or employ other reliable age-check methods.

While proponents argue these laws are minimally invasive and protect minors, critics point out that such measures have been previously deemed unconstitutional. The U.S. Supreme Court, in Reno v. American Civil Liberties Union, ruled that similar age-gating approaches violated First Amendment rights. Despite this, a wave of similar bills, inspired by Louisiana’s law, is emerging in states like Utah and Texas.

These laws, however, lead to costly legal battles and uneven enforcement and raise concerns about censorship. Critics accuse conservative lawmakers of using these measures as a power play rather than a genuine concern for child safety. Investigations have linked these legislative efforts to a broader, well-funded campaign against pornography spearheaded by Project 2025. Led by the Heritage Foundation, this far-right group, along with affiliates like Moms for Liberty and Alliance Defending Freedom (labeled as hate groups by the Southern Poverty Law Center), aims to significantly influence policy in a potential conservative administration post-2024.

The Heritage Foundation’s president, Kevin Roberts, in the group’s publication “Mandate for Leadership: The Conservative Promise,” takes a hardline stance against pornography, erroneously equating it with child exploitation and calling for its outright ban. This extreme viewpoint ignores the legal and consensual nature of most adult content and its protection under the First Amendment.

The alignment of these age verification proposals with Project 2025’s agenda is concerning. It suggests a broader attempt to infringe upon First Amendment rights under the guise of protecting children, while most adult entertainment companies already take significant steps to prevent minor access. The situation in Alabama, with lawmakers like DuBose, Orr, and Robbins championing these measures, signals a worrying trend that could threaten free speech rights nationwide.

I stand by my original statement, which I made months ago … if third-party independent age verification really was about protecting the children, then surely the government would have no problem funding it. But in the end, we all know that it isn’t ever really about protecting the children.


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