US Sex Sells News

A group of Florida-based strip clubs and adult entertainment venues is preparing to sue their state government for recently adopting a law that requires all performers to be at least 21 years old. Republican Gov. Ron DeSantis signed the age discrimination law as House Bill (HB) 7063.

The bill enters force on July 1, 2024, so litigation is expected to be filed in the coming weeks. Bloomberg Law senior correspondent Chris Marr reports that attorneys in Fort Lauderdale are preparing to represent club owners and other venues to challenge the statewide law. HB 7063 broadly applies to strip clubs, burlesque shows, adult bookstores and other establishments considered legal adult entertainment under Florida obscenity statutes.

Angelina Spencer-Crisp, a public affairs professional who manages trade groups representing adult entertainment clubs nationwide and locally in Florida, told AVN that HB 7063 is a coordinated effort to limit freedoms for adults. She said:

They pass these laws ... saying that [human trafficking in clubs] is rampant. And, you see all these taglines in the news saying there is a correlation between strip clubs and trafficking. Am I telling you that it never happens? No, I am not saying that. But what I am saying is that based on the government's own data, it is less than 1 percent.

A new Washington state law will make it illegal to share fake pornography that appears to depict real people having sex. Advancements in artificial intelligence have made it easy to use a single photograph to impose someone's features on realistic-looking deepfake porn. The new Washington law, which Gov. Jay Inslee signed last week, will make it a gross misdemeanor to knowingly share fabricated intimate images of people without their consent.

People can be prosecuted if they share deepfake porn of unconsenting adults more than once. 

The trouble is that such images and videos are already widely available on the internet and it seems horribly disproportionate to persecute people for passing on interesting snippets they come across.

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 supposed harms of viewing adult material. These 'warnings' are as follows:

TEXAS HEALTH AND HUMAN SERVICES WARNING:

• Pornography is potentially biologically addictive, is proven to harm human brain development, desensitizes brain reward circuits, increases conditioned responses, and weakens brain function.

• Exposure to this content is associated with low self-esteem and body image, eating disorders, impaired brain development, and other emotional and mental illnesses.

• Pornography increases the demand for prostitution, child exploitation, and child pornography.

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. Alison Boden, Executive Director of Free Speech Coalition said:

This is a blatantly unconstitutional law, but the stakes are high for individual adult businesses with websites accessible in the state of Texas. 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 .