Preliminary Injunction Granted in FSC Case Against Texas Law

CHATSWORTH, Calif.—The Free Speech Coalition (FSC) announced Thursday that a Texas court granted the motion for a preliminary injunction filed by the adult industry advocacy group and co-plaintiffs in their case challenging the state's recently passed law requiring age verification for those visiting adult websites, along with health warning labels on such websites, which was set to go into effect tomorrow, September 1. The FSC's full announcement follows: Free Speech Coalition and our co-plaintiffs, a coalition of major adult platforms and creators, have been granted a preliminary injunction against the Texas antiporn law, HB1181. Texas is blocked from enforcing the law while the case is litigated. “This is a huge and important victory against the rising tide of censorship online,” says Alison Boden, Executive Director of Free Speech Coalition. “From the beginning, we have argued that the Texas law, and those like it, are both dangerous and unconstitutional. We’re [pleased] that the Court agreed with our view that HB1181’s true purpose is not to protect young people, but to prevent Texans from enjoying First Amendment protected expression. The state’s defense of the law was not based in science or technology, but ideology and politics.” The Court agreed with FSC and our co-plaintiffs on nearly every agrument: • The law violates First Amendment rights of creators and consumers • The law has a chilling effect on legally-protected speech • Parental filters are a less restrictive and more effective method of protecting minors • The state does not have the right to compel speech in the form of health warnings HB 1181 required sites with adult content to force their visitors to provide digital IDs or other official proof of age, as well as display pseudoscientific “health” warnings. Free Speech Coalition and our co-plaintiffs argued that the requirements are unconstitutional and expose consumers to significant privacy risks. The law, set to take effect September 1, would have given the Attorney General the power to fine a site with adult content more than $3M per year if it did not require visitors to present a digital ID or undergo background checks to establish age. Free Speech Coalition has argued that these new and expensive verification technologies present an unreasonable burden for both sites and users, stressing that members of the adult industry already register with parental filters and other software to help parents easily block adult content. The court agreed. “The ruling rebuffs nearly every argument made by state legislatures, and not only in Texas,” says Boden. “While Texas presented the most straightforward path to securing a ruling like this, the issues are the same whether in Utah, Louisiana or Virginia. Anyone who attempts to bring a case in those jurisdictions faces little hope of success. We are thrilled with the decision and thank our co-plaintiffs for joining this battle and defending the industry. We are confident that the law will ultimately be struck down permanently.” Joining Free Speech Coalition as co-plaintiffs are an array of adult platforms and workers, including MG Premium LTD; MG Freesites LTD; Webgroup Czech Republic, A.S.; NKL Associates, S.R.O.; Sonesta Technologies, S.R.O.; Sonesta Media, S.R.O.; Yellow Production S.R.O.; Paper Street Media, LLC; Neptune Media, LLC; Mediame SRL; Midus Holdings, INC.; and Jane Doe, an adult content creator. Attorneys for the Plaintiffs are Michael T. Zeller, Derek L. Schaffer, Thomas Nolan, Arian Koochesfahani, and Scott Cole of Quinn Emanuel Urqhart & Sullivan, LLP and Jeffrey Sandman of Webb Daniel Friedlander, LLP. Read the judge’s decision here.