The Missouri House of Representatives is moving forward with House Bill (HB) 236, a controversial age verification (AV) bill targeting adult websites, which relies on private lawsuits rather than state enforcement to hold platforms accountable.

After receiving unanimous approval from the House Children and Families Committee on February 13, 2025, the bill is now set for floor debate and a potential vote in the coming weeks.

The bill, sponsored by Rep. Sherri Gallick (R) and several other Republican and Democratic lawmakers, seeks to:

• Mandate age verification for any commercial website where 33% or more of its content is considered “harmful to minors.”
• Allow private citizens to sue platforms that fail to comply—instead of state enforcement, a tactic designed to avoid direct constitutional challenges.
• Prohibit age verification providers from storing user data after verification is complete.
• Exempt internet service providers (ISPs), search engines, and cloud storage providers from liability.
• Exclude legitimate news organizations from compliance requirements.
• Declare an “emergency” provision, meaning the law would take effect immediately upon passage.

Unlike other state-level age verification laws, HB 236 does not specify a “bounty” or guaranteed financial reward for successful lawsuits, leaving damages to be determined by the courts.

The American Civil Liberties Union (ACLU) of Missouri and the Free Speech Coalition (FSC), a trade group representing the adult industry, strongly oppose the bill, warning that it poses serious privacy, legal, and free speech concerns.

Alison Boden, executive director of the FSC, criticized HB 236, arguing that while keeping minors from accessing adult content is important, this bill “contains significant practical, technical, and legal problems that undermine its effectiveness.”

Boden warned that HB 236:

• Threatens online privacy by requiring users to provide identification or credit card information to access content.
• Creates potential for data breaches despite its prohibition on retaining personal information.
• Violates First Amendment protections by restricting access to lawful content for adults.
• Fails to provide an industry-wide solution, instead creating a patchwork of inconsistent state laws.

Boden urged lawmakers to work with the adult industry to create a more effective, privacy-conscious solution:

“We understand the technology, the consumer landscape, and the practical solutions that can keep minors from encountering adult material while preserving the safety and privacy of Missourians.”

Missouri joins a wave of Republican-led states passing age verification laws, with over a dozen states enacting similar measures since Louisiana’s 2023 AV law set the precedent.

• Louisiana, Utah, Texas, Mississippi, and Arkansas have all passed site-based AV laws, leading to adult websites like Pornhub blocking access entirely in those states.
• Tennessee and South Dakota have taken an even stricter approach, adding criminal penalties for non-compliant platforms.
• North Dakota initially proposed a device-based AV law but later switched to a site-based model after pushback from tech companies.

However, many of these laws have faced legal challenges:

• Texas’ age verification law was blocked in 2023 after a federal judge ruled it unconstitutional under the First Amendment.
• The Free Speech Coalition is challenging similar laws in multiple states, arguing they violate internet privacy rights.

With Republicans holding a supermajority in the Missouri Legislature, HB 236 is likely to pass and head to Governor Mike Parson’s desk for signature.

However, legal challenges are expected, and the law could be scrutinized in federal court if challenged under the First Amendment or privacy rights laws.