Supreme Court Case, Utah, Oklahoma, Montana, The Election and more...

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The Latest at FSC

Supreme Court Schedules Arguments in Texas Case for January 15, 2025

Oral arguments in Free Speech Coalition v Paxton, the Texas age-verification case, have been scheduled to take place ( [link removed] ) on January 15, 2025 before the U.S. Supreme Court. Free Speech Coalition and co-plaintiffs are represented by the American Civil Liberties Union and Quinn Emmanuel Urquhart & Sullivan, LLP. The Court accepted the case ( [link removed] ) , granting FSC’s petition for certiorari, in July. Free Speech Coalition filed its merits brief ( [link removed] ) in September. Read more on our blog. ( [link removed] )

Free Speech Coalition Petitions Appeals Court for En Banc Review in Utah Case

Free Speech Coalition has petitioned ( [link removed] ) the US Court of Appeals for the 10th Circuit for an en banc review of state’s Motion to Dismiss granted by the US District Court and later reaffirmed by the 10th Circuit ( [link removed] ) in Free Speech Coalition v. Anderson, the Utah age-verification challenge. In an en banc review, the legal challenge is heard by the all judges of the 10th Circuit, rather than just the original three-judge panel. Read more on our blog. ( [link removed] )

Oklahoma Age-Verification Law Takes Effect November 1st

Oklahoma’s age-verification law, SB1959, goes into effect on Friday, November 1, 2024. The law can be enforced either through a private civil suits (and class actions) or through legal action initiated by the Oklahoma Attorney General.
The text of the law can be found here ( [link removed] ).

The law directs the Attorney General to “develop and publish, consistent with the provisions of this act, guidance or regulations as appropriate to assist commercial entities to comply with this act." We have reached out to the Attorney General’s office to determine if any such guidance or regulations have been developed or published.
In the meantime, platforms accessible in the state of Oklahoma should be aware of the risks and take precautions to protect themselves from potential liability.

For more information about this and other age-verification laws, check out FSC’s Age Verification FAQ ( [link removed] ).

FSC Secures Major Victory in Montana Age-Verification Case

In a major victory for Free Speech Coalition’s fight against age-verification laws, a Montana District Court has denied the state’s Motion to Dismiss ( [link removed] ) , allowing the suit to proceed. The Montana ruling stands in stark opposition to a separate recent decision in Utah, where the state’s motion to dismiss was granted. Read more on our blog. ( [link removed] )

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FSC In The News

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It's Time To Rock The Vote And Make Your Voice Heard

With Election Day approaching, we’re reminded of the stakes for adult industry professionals, especially with Project 2025 threatening to ban adult content and LGBTQ+ resources nationwide. This initiative could dismantle free speech and criminalize our industry, making this a critical time to vote and advocate for our rights. Now more than ever, we need to participate, get informed, and mobilize to protect our freedoms. Read more on XBIZ. ( [link removed] )

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Montana's Porn Age Verification Law Is Headed to Court

“In May 2024, a group of organizations and individuals led by the Free Speech Coalition ( [link removed] ) filed a federal lawsuit ( [link removed] ) seeking an injunction against the enforcement of the law. Per the lawsuit, S.B. 544 ‘operates as a presumptively-unconstitutional prior restraint on speech’ since it requires ‘the use of some particularized approval method as a condition to providing protected expression.’” Read more on Reason. ( [link removed] )

Other Industry News

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X-Rated Dem Campaign Ad Claims GOP Wants To 'Ban Porn Nationwide'

Progress Action Fund has launched an ad depicting a young man watching porn, only to be interrupted by a fictional Republican congressman informing him that the GOP has banned porn nationwide. The ad, shared by DemCast founder Nick Knudsen, ties Republicans to Project 2025, which includes a roadmap for banning pornography. According to Knudsen, early testing shows that the ad effectively shifts young male voters away from Trump by 3.5 percentage points. Read more on New York Post. ( [link removed] )

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Adult Content Sites Without Age Checks May Be Blocked From Australian Search Results Under Draft Code

Australia has introduced a draft industry code that would require adult sites to verify users’ ages or face removal from search results and social media links by 2025. Developed by several digital industry associations, this code would impact not only adult sites but social media, search engines, and gaming companies, with proposed verification methods including ID checks, facial age estimation, and credit card validation. The code will be reviewed after public submissions close on November 22, and enforcement will fall to Australia’s eSafety commissioner, who will have substantial authority over non-compliant sites. Read more on The Guardian. ( [link removed] )

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South Dakota Committee Endorses Age Verification Requirement For Porn Sites

South Dakota’s legislative committee has endorsed a proposal to require age verification for online pornography access. Inspired by similar legislation in Texas, the proposal would require users to verify age with ID without retaining personal information and is expected to be introduced in 2025. This follows the state Senate’s earlier rejection of a similar measure, prompting further study and amendments to ensure constitutionality and enforceability. Read more on Yahoo News. ( [link removed] )

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Who Are Sex Workers Voting For President?

A recent survey of over 200 U.S. sex workers shows 74% plan to vote for Kamala Harris, while only 9% support Trump, with others undecided or opting for third-party candidates. Support for Harris is particularly strong among porn performers and strippers, likely due to Trump-aligned policies like Project 2025, which could ban porn. Despite past concerns about Harris’s support of SESTA-FOSTA legislation, many sex workers are more concerned about the potential impact of a Trump administration on their rights and livelihoods. Read more on Mashable. ( [link removed] )

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