LOS ANGELES - On Tuesday, the Free Speech Coalition (FSC) hosted a webinar aimed at helping those involved in the adult entertainment industry grasp the recent Supreme Court ruling in the case FSC v. Paxton and its possible consequences.
The online event drew over 100 participants who tuned in for the discussion titled “Decoding the Supreme Court’s Ruling on Age Verification.” FSC’s Executive Director Alison Boden and Public Policy Director Mike Stabile led the session, offering their perspectives on how this decision might influence age verification regulations nationwide and what it could mean for adult content providers going forward.
During the webinar, Boden and Stabile provided a summary of the Court’s ruling, highlighted its immediate effects, and engaged with questions submitted by viewers through the chat feature.
No Guaranteed Protection
Boden began by asking Stabile whether he anticipated the outcome.
Though usually pessimistic referring to himself as a “Chicken Little” Stabile admitted the verdict wasn’t entirely unexpected. Nonetheless, he criticized the ruling as illogical and politically motivated, suggesting it was crafted to achieve a predetermined goal rather than based on sound legal reasoning.
He described the decision as “deeply flawed” and “censorious,” predicting it would be remembered as a setback for free speech protections.
Following a recap of the legal journey that culminated in this Supreme Court decision, Boden declared the case essentially resolved, warning that similar laws will now likely be deemed constitutional.
Stabile elaborated, explaining that the Court applied a less stringent “intermediate scrutiny” standard to age verification (AV) laws, rather than the “strict scrutiny” historically reserved for speech protections. This weaker standard allows states greater latitude to enforce laws targeting content deemed harmful to minors, even if such content is legal for adults, thus opening the door to more restrictive regulation.
He further noted that while some laws require a minimum percentage of adult content on a site to trigger AV requirements, other laws apply regardless of how much adult material is present, giving authorities broad power to pursue enforcement.
Boden also pointed out that newer AV statutes have dropped earlier limitations restricting their application to commercial platforms only, expanding their reach.
What This Means for the Industry
“So, what’s the takeaway?” Boden asked rhetorically.
“It means immediate compliance with age verification laws is critical,” she said. “Attorneys general in many states are now emboldened to aggressively pursue websites, regardless of their size. Even small affiliate sites can be targeted.”
Because the Supreme Court did not tie the constitutionality of these laws to content thresholds such as the “one-third rule” commonly used to define sites subject to regulation Boden anticipates a surge of new legislation aimed at controlling online sexual expression more broadly.
When asked about liability in cases where operators may not know the user’s IP address given that some states enforce AV laws while others do not Stabile cautioned that operators should not rely on any “safe harbor” protections.
He recommended strategies like geoblocking or implementing some form of age verification, but warned that users employing VPNs to access sites from restricted states could still expose operators to legal risk.
Boden confirmed that some states’ attorneys general have already pursued actions against sites that had implemented age verification, underscoring the aggressive enforcement stance.
“If they want to come after you, they will,” Stabile affirmed.
Navigating Age Verification Tools
Boden briefly discussed the variety of age verification methods accepted under different jurisdictions.
“Many states allow ‘any commercially reasonable method’,” she explained, “but what qualifies as reasonable is still unsettled.”
She urged companies, especially in hostile regulatory environments like Kansas, to take proactive steps to protect themselves.
Regarding content shared on social media, Boden advised caution, especially around platforms that do not enforce age verification, as this could increase liability risks for content creators and distributors.
“If you think you won’t be targeted, assume otherwise and prepare accordingly,” she added, offering FSC’s assistance in connecting businesses with legal counsel regardless of their size.
Stabile noted that, while FSC has not yet seen legal cases against creators or performers posting on social media, this should not be interpreted as immunity.
When asked about “Safe For Work” (SFW) pages as a protective measure, Stabile cautioned they reduce risk but do not guarantee protection if minors might still access sexual content.
Boden stressed the importance of updating privacy policies, including clear arbitration clauses, to better shield companies from litigation in states that allow private enforcement.
“Once you’re in court, you’re probably at a disadvantage,” Stabile warned.
Looking Ahead: Challenges and Strategies
Boden then asked if the matter was settled.
Stabile responded that while the Court’s decision addressed constitutional questions, the fight over the scope of age verification laws is just beginning. Legislators might impose increasingly burdensome requirements, such as frequent age rechecks citing Tennessee’s law demanding age verification every 60 minutes, and speculating whether even more extreme measures, like verification every minute, could emerge.
Both agreed that anti-porn activists and lawmakers would likely escalate efforts to restrict the industry post-decision.
Stabile highlighted troubling proposals like North Carolina’s recent bill undermining standard contracts, and Utah Senator Mike Lee’s Interstate Obscenity Definition Act, which aims to classify nearly all sexual imagery as illegal obscenity to facilitate prosecutions.
He compared these tactics to past waves of obscenity enforcement that shuttered adult businesses in multiple states during the 1980s and 1990s.
“This is only the beginning,” Stabile said, calling for unity within the industry.
Boden agreed, describing the ruling as a significant loss but affirmed FSC’s commitment to defending the rights of adult content providers and their customers.
FSC’s Response and Recommendations
The organization is focused on supporting members by minimizing confusion and chaos, defining reasonable limits for AV laws, and advocating for a uniform national standard rather than a fragmented patchwork.
Boden acknowledged the difficulty in ensuring compliance across states with varying laws, and shared FSC’s plans to develop comprehensive age verification guides and legislative strategies, including lobbying for amendments to existing laws.
Given that many age verification service providers are hostile to the adult industry and some even fund anti-porn groups FSC is considering creating its own verification system to avoid inadvertently supporting opposition efforts.
Boden invited feedback from members on potential conflicts of interest involving AV providers within FSC’s membership.
For sites not yet implementing AV, FSC suggests blocking users from states with AV mandates using redirect pages explaining the legal restrictions.
Though the Supreme Court ruling settled the constitutional question in broad terms, many details will remain uncertain until further court challenges clarify enforcement and compliance standards.
Boden cautioned that ambiguous or untested legal provisions could lead to unpredictable interpretations.
Stabile reminded participants that FSC staff are not attorneys and strongly advised consulting legal experts for tailored advice.
To conclude, both FSC leaders encouraged greater community engagement and collaboration to face the ongoing legal battles.
Stabile mentioned outreach efforts beyond the adult industry, including to LGBTQ+ organizations, libraries, and social media platforms, noting that laws targeting adult content often serve as a gateway to suppress other forms of expression, such as drag shows or Pride events.
The South Dakota AV law, effective Tuesday, for example, could be interpreted as restricting marketing of adult products on major platforms like Amazon or adult content sharing on social media.
Stabile expressed optimism that these allied groups are becoming more receptive to partnering against broad censorship initiatives following the Supreme Court decision.
Boden closed the session by acknowledging the difficulty of this loss but reaffirmed FSC’s dedication to protecting the industry’s interests.
“We appreciate our members’ trust in us to defend their rights and livelihoods,” she said. “Please reach out with your concerns and ideas. We will move forward with the industry’s best interests at heart and fight tirelessly on your behalf.”
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