From FSC <[email protected]>
Subject FSC Rights Watch for April 18th, 2025
Date April 18, 2025 11:00 AM
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Remembering Mark Kernes, Success in Colorado, and more...

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The Latest at FSC

Colorado Age-Verification Bill Defeated After Opposition From FSC

Colorado SB 201, an age-verification bill that would have required any sites with material “harmful to children” to pay for both age-verification of users and audits of third-party age-verification providers, failed to secure a Senate vote after opposition from Free Speech Coalition and others.

“We worked hard to educate allies and legislators on this bill,” says Alison Boden, Executive Director of Free Speech Coalition. “It was introduced with bipartisan support and almost no formal opposition. We met with legislators and allies to help them understand the technical and legal issues with this bill, as well as how it could be weaponized against non-adult content. Over this coming year, we’ll work with legislators to find effective solutions that don’t jeopardize user privacy or Coloradan’s First Amendment rights.” Read more... ( [link removed] )

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Legislative Updates Since March 21st

Age Verification Bills

Colorado SB 25-201 ( [link removed] ) NEW
*Bill Progress:* *☑☑* *☐☐☐☐*
Description: Highly non-standard age-verification bill targeted at adult websites.
Latest Action: Bill introduced on March 20 and passed in the Senate Health & Human Services committee on March 27, 2025.
★ FSC is continuing to work with our lobbyists and allies in Colorado to defeat this bill.  Do you live in Colorado? *Take action now!* ( [link removed] )

*California AB 1043: Digital Age Assurance Act* ( [link removed] ) *NEW*
*Bill Progress:* *☑* *☐☐☐* *☐☐*
*Description:* Device-based age verification bill
*Latest Action:* Introduced on March 28, 2025
★ FSC supports this bill.

Wisconsin AB 105 / SB 130
*Bill Progress:* *☑☑☑* *☐* *☐☐*
Description: Age verification mandate enforced by private lawsuits. Requires websites to block VPN traffic.
Latest Action: Passed the House on March 20 and referred to the Senate committee on Mental Health, Substance Abuse Prevention, Children and Families on March 21, 2025
★ FSC is working hard to defeat this bill in the state Senate. Do you live in Wisconsin? *Take action now!* ( [link removed] )

*North Dakota SB 2380* ( [link removed] )
*Bill Progress:* *☑☑☑☑☑* *☐*
*Description:* Originally, a device-based age verification bill. Currently, a standard website-based AV bill.
*Latest Action:* Passed the House on March 31, 2025.

*North Dakota HB 1561* ( [link removed] )
*Bill Progress:* *☑☑☑☑☑* *☐*
Description: Standard age verification mandate enforced by private lawsuits.
Latest Action: Passed the Senate on April 1, 2025.

*Tennessee HB 222 / SB 466* ( [link removed] )
*Bill Progress:* *☑* *☐☐☐☐☐*
*Description:* Would amend the state’s existing age verification law to allow for private lawsuits, including class actions.
*Latest Action:* Returned to the Clerk's Desk on March 25, 2025. This generally means that the bill has been taken out of active consideration for the time being.

*New Mexico HB 44* ( [link removed] )
*Bill Progress:* *☑* ☒☒☒☒☒
*Description:* Standard age verification mandate enforced by private lawsuits.
*Latest Action:* Failed to pass by the end of the legislative session on March 21, 2025

Other Bills

*FIRM Act (S.875)* ( [link removed] ) *NEW*
*Bill Progress:* *☑* *☐☐☐☐☐*
*Description* : Prohibits federal banking agencies from considering reputational risk or  in their oversight of banks.
*Latest Action* : Reported out of Senate banking committee on March 18, 2025.
★ FSC supports this bill, as well as the FDIC's announcement ( [link removed] ) that it will stop using reputational risk in its supervision of financial institutions.

*Tennessee  HB 221 / SB 467* ( [link removed] )
*Bill Progress* : ☑ ☐☐☐☐☐
*Description* : Creates civil liability for breaking obscenity laws.
*Latest Action:* Returned to the Clerk's Desk on March 25, 2025. This generally means that the bill has been taken out of active consideration for the time being.

FSC In The News

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Mark Kernes, Former AVN Editor & FSC Board Member, Dies at 76

Mark Kernes, the former legal editor for AVN magazine and long-time board member for the Free Speech Coalition whose remarkable career as an adult industry journalist spanned over 37 years, died Wednesday at 76. Read more on AVN. ( [link removed] )

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Missouri Attorney General Unilaterally Orders Age Verification

“The Free Speech Coalition's Mike Stabile, director of public policy for the group, told AVN that he is alarmed at the approach Bailey has adopted. Stabile said, ‘It appears to be a massive power grab and a distortion of both the legislative process and Missourians' First Amendment protections.’” Read more on AVN. ( [link removed] )

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Colorado Won't Become Latest State Requiring Porn Sites To Verify Their Users' Age After Lawmakers Abandon Bill

“Oral arguments in Free Speech Coalition, Inc. v. Paxton, which challenges the constitutionality of requiring porn-site users to verify their age, went before the U.S. Supreme Court in January ( [link removed] ). A ruling in the case out of Texas is expected this summer.” Read more on Colorado Sun. ( [link removed] )

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BBC Radio Scotland - Scotcast, Take 2: The Porn Industry Responds

The UK will require all websites hosting pornographic content to implement age-checking measures by July. FSC’s Mike Stabile spoke with BBC’s Scotcast about why the Free Speech Coalition opposes these rules and how they could impact privacy and free expression. Listen on BBC. ( [link removed] )

Other Industry News

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France To Introduce Strict Age Verification On Porn Sites

France has enacted a law requiring porn sites to verify users’ ages through ID, facial recognition, or other methods, with similar rules coming to the UK this summer. Privacy advocates have raised concerns, but regulators in both countries claim they are balancing child protection with adult privacy rights. PornHub’s parent company is already challenging the French law in court, and experts warn that users may still bypass restrictions using VPNs. Read more on The Independent. ( [link removed] )

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