FSC: Adult Site Threatened Over Age-Verification in Kansas

LOS ANGELES—The Free Speech Coalition announced that it was notified by an adult entertainment website that it was the target of a demand letter from a Kansas-based personal injury law firm advertising itself as a plaintiff's attorney to enforce the state's age verification statutes. The full announcement follows: Free Speech Coalition has been notified that a personal injury law firm has begun sending demand letters to websites that are accessible in Kansas without age verification.  The law firm’s demand letter seeks close to $1M in damages for allegedly violating Kansas’ age-verification law, which went into effect in July. In Kansas, simple access of an adult website by a minor may be enough to bring a civil case — no demonstration of actual harm is necessarily required. Under the law, claims for statutory damages begin at $50,000. The state’s attorney general is also empowered to bring litigation.  Free Speech Coalition has reviewed a letter demanding such compensation. It is not a formal legal filing, but claims that an unnamed minor was allegedly able to access the company’s website using their parent’s laptop, which was not equipped with a parental filter. The letter offers to settle the case before any litigation is initiated. Based on the information contained in the letter and public statements made by the firm, FSC believes other companies may have received or will be receiving similar demand letters. “We have long warned that these laws would be weaponized to threaten and harass adult businesses,” says Alison Boden, Executive Director of the Free Speech Coalition. “The threat of expensive litigation and fines has long been used by the government to attack and silence the adult industry. If history is a guide, we are stronger when we band together against such litigation.” While FSC has challenged many of these unconstitutional age-verification laws in court, they currently remain in effect. Adult sites should be aware of the increased risk of enforcement and should consult their legal counsel if they have questions. Free Speech Coalition asks that anyone who is contacted by either a state attorney general or private firm contact FSC immediately, as we may have legal resources available. The announcement is available on the Free Speech Coalition's blog.