Also available in: Deutsch (German)

It is not only in Germany that there are repeated attempts from various quarters to force adult entertainment providers to impose ever stricter access controls on their websites. Compatibility with the constitution is questionable in many cases.

This is also affecting more and more states in the USA. The latest hotspot is Texas. There are protests from various quarters against a new law that has been passed on age verification. On 16 May 2024, the Woodhull Freedom Foundation and the Electronic Frontier Foundation filed a brief with the US Supreme Court asking the judges to rule on what they consider to be an unconstitutional age verification law in Texas. The two organisations supported the constitutional challenge brought by the ACLU, the Free Speech Coalition and others asking the US Supreme Court to overturn a lower court decision. This would unduly restrict freedom of expression on the internet.

Ricci Levy, President and CEO of the Woodhull Freedom Foundation:
“We rely on the Court to ignore misinformation and, instead, rule based only on the law. The Supreme Court has repeatedly recognized the significant burden and risk created by requiring users to verify their age and identity to access protected content, rendering such requirements unconstitutional where less restrictive alternatives exist. In Ashcroft v. ACLU, the Court reaffirmed that the government cannot impose age verification on adults in the name of protecting children.”

She continues: ”If the true goal of these measures is to protect children from material that isn’t age-appropriate, which we fully support, other less intrusive options are already available to accomplish this goal – and must be used in order to protect the rights of adults. But if the real goal is to block adult access and shut down the adult content currently available, and if the Justices allow that to happen, then Democracy as we believe it to be is dead. A big thank you to MojoHost for donating the necessary funds to defray the legal fees and costs of filing a brief with the U.S. Supreme Court.”

MojoHost actively supports the campaign

One of the most important host services in the adult sector, MojoHost, has decided to support the submission of the pleading as described.

Brad Mitchell, President of MojoHost:
“As a parent, business owner and web host for 25 years I can’t remain silent while our constitution is violated in the name of child protection when I know for a fact that this bad legislation puts both our children and rights as Americans in peril. I am proud to support Woodhull and the EFF’s efforts in seeking this writ of certiorari. The action of inhibiting free speech does nothing to protect our children, it will only result in elevating worse content such as CSAM, copyright theft, and abusive materials from other jurisdictions outside of the United States where enforcement is impossible and viewing is freely available. It was a no-brainer to financially support these great organizations in combating outright speech suppression.“

The lawyers at the law firm entrusted with setting up the pleading also speak a clear language.

Corey Silverstein, of Silverstein Legal: “I am very proud of being part of the legal team tasked by Woodhull and the EFF to combat this outright trampling of the First Amendment and existing Supreme Court precedent. Texas’ age verification bill needs to be stopped in its tracks and I am hopeful and confident that the justices of the Supreme Court will utilize their wisdom and grant certiorari and give the petitioner the opportunity to present its case as to why the 5th Circuit Court of Appeals has made such a terrible error. Woodhull and the EFF are incredible organizations and their dedication to protecting free speech is unmatched.” 

For more information visit: Woodhull Freedom Foundation

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