The Free Speech Coalition (FSC) has filed a legal challenge in Florida to block HB3, the state's age verification law, which is scheduled to take effect on January 1, 2025. The organization, along with co-plaintiffs, also filed a motion for a preliminary injunction to prevent the law's enforcement.

Legal Challenge Details

The Free Speech Coalition, joined by co-plaintiffs from the sex education, adult content, sexual wellness, and legal fields, filed a legal challenge against Florida's age-verification mandate on December 16. The lawsuit challenges the constitutionality of HB3. On January 6, 2025, FSC and its co-plaintiffs filed a motion for a preliminary injunction, requesting the US District Court to block the enforcement of HB3.

HB3 empowers the Florida attorney general’s office to initiate civil claims of up to $50,000 per violation against websites that feature “material harmful to minors” if they do not require visitors to upload a government ID, scan their face, or otherwise verify their age and identity. Different provisions of the same law, which mandate age verification for social media access, have already been challenged by other litigants.

Alison Boden, Executive Director of Free Speech Coalition, stated that these laws impose a substantial burden on adults who seek to access legal sites without fear of surveillance. Boden also indicated that HB3 is not equivalent to showing an ID at a liquor store, describing it as invasive with significant privacy risks. She characterized this law and similar measures as state censorship, creating a chilling effect for individuals who discuss or engage with issues of sex or sexuality. Boden also stated that Floridians have the right to go online anonymously, and while keeping minors from adult content is a laudable goal, the government does not have the right to force legal adults to scan their face, upload a photo ID, or otherwise give up their privacy to access the internet.

The Florida law went into effect on January 1, 2025. Following its implementation, the Attorney General’s office reportedly began investigating several adult websites.

Co-Plaintiffs and Broader Legal Landscape

The co-plaintiffs joining Free Speech Coalition in this legal action include the sex education platform O.school (Deep Technologies, Inc.), sexual wellness retailer Adam & Eve (PHE, Inc.), and adult fan platform JustFor.Fans (JFF Publications, LLC). Florida attorney Barry Chase is also listed as a co-plaintiff in one filing, while creator and educator MelRose Michaels is listed in another. Jeff Sandman of Webb Daniel Friedlan is representing Free Speech Coalition and its co-plaintiffs in this case.

The Free Speech Coalition is also challenging similar laws in Tennessee, Louisiana, Texas, Utah, Indiana, and Montana. The Texas case, Free Speech Coalition v. Paxton, is scheduled to be heard by the United States Supreme Court on January 15, 2025.

Florida's Regulatory Environment

Florida has seen multiple legal challenges related to First Amendment rights. These include attacks on academic freedom, book bans, attempts by Governor Ron DeSantis to silence private companies, attacks on the media, anti-protest measures, and a social media censorship law. For example, a Florida school district was required to restore books with LGBTQ+ content under a settlement, following a lawsuit arguing that provisions of a law signed by Governor Ron DeSantis violated the First Amendment rights of publishers, authors, and students. PEN America reported that Florida was responsible for 72% of books removed from the nation’s schools in the first half of the current school year. A settlement also clarified what is legal under Florida’s 2022 "Don't Say Gay" law, which conservatives characterize as pushing back against efforts to indoctrinate children with a liberal ideology. A federal lawsuit against the Escambia County School District and its School Board, alleging First Amendment violations through book removals, was allowed to proceed by a judge.

In another instance, Floridians Protecting Freedom, a coalition supporting a ballot measure to enshrine abortion rights, sued the state’s health department over attempts to shut down a television advertisement supporting the measure. The Florida health department had sent cease-and-desist letters to local news stations regarding an ad featuring a woman identified as Caroline from Tampa, Florida, who discussed being diagnosed with brain cancer while pregnant.

Key Facts

  • The Free Speech Coalition (FSC) filed a legal challenge against Florida's HB3 age verification law on December 16.
  • FSC and co-plaintiffs filed a motion for a preliminary injunction on January 6, 2025, to block HB3's enforcement.
  • HB3 is scheduled to go into effect on January 1, 2025, and allows civil claims of up to $50,000 per violation for non-compliance.
  • Co-plaintiffs include O.school, Adam & Eve, JustFor.Fans, Florida attorney Barry Chase, and creator MelRose Michaels.
  • FSC is challenging similar laws in Tennessee, Louisiana, Texas, Utah, Indiana, and Montana.
  • The Texas case, Free Speech Coalition v. Paxton, will be heard by the United States Supreme Court on January 15, 2025.