FSC Issues Advisory on Approaching Implementation of Texas Law

CHATSWORTH, Calif.—Industry advocacy group the Free Speech Coalition (FSC) issued an advisory Thursday morning about the age-verification and labeling law for adult websites recently passed in Texas, which is scheduled to take effect September 1.  FSC and a number of industry stakeholders earlier this month filed suit in the state challenging the law, and have requested a preliminary injunction against its enforcement until the suit is resolved. Texas' interim Attorney General, Angela Colmenero, responded to the plaintiffs' motion for injunction in a Monday filing that asked the court to dismiss the suit. A hearing on the injunction request was held Wednesday before the U.S. District Court for the Western District of Texas in Austin, but as of yet the court has not issued a ruling. The FSC's advisory follows: The Texas age-verification and labeling law is scheduled to take effect September 1, 2023. While multiple age-verification laws have taken effect this year, Texas’ will join Louisiana in allowing direct government enforcement. According to the law, the Attorney General may fine a site with adult content $10,000 per day, and up to $250,000 if it fails to adequately verify the age of visitors and a minor is able to access it. Additionally, the Texas law requires all adult sites to affix warning messages to any page with adult content stating the alleged harms of viewing adult material. Free Speech Coalition and a collection of leading adult platforms have filed a legal challenge to the Texas law, including a motion for preliminary injunction. While we are hopeful the challenge will succeed, and that a decision will be made prior to the start of enforcement, all members should be aware of the law and the risks of non-compliance.  “This is a blatantly unconstitutional law, but the stakes are high for individual adult businesses with websites accessible in the state of Texas,” says Alison Boden, Executive Director of Free Speech Coalition. “We urge every platform and creator to review their potential exposure to legal liability with their legal counsel.” Free Speech Coalition has created landing pages for platforms that geo-block access to their sites from within the state of Texas, as it has in other states that have instituted age verification. The page explains why the site is blocked, and provides an avenue for residents to contact their representatives. However, geo-blocking a state does not necessarily provide safe harbor from the law. The law, including the required age-verification methods and the legal warning stipulated, are available here.