A federal judge in Indiana has granted a preliminary injunction against the state's age verification law, Senate Bill 17 (SB 17), preventing its enforcement. The decision comes after a lawsuit filed by the Free Speech Coalition (FSC) and several co-plaintiffs challenged the law's constitutionality.

Injunction Granted

On June 28, Judge Richard L. Young of the District Court in Indiana issued a decision granting the motion for a preliminary injunction. This ruling effectively stops SB 17 from taking effect on its scheduled date of Monday, July 1, by preventing the Indiana Attorney General from enforcing it. The court found that SB 17 is "likely facially unconstitutional under the First Amendment."

The lawsuit, filed by the Free Speech Coalition and its co-plaintiffs, named Indiana Attorney General Todd Rokita as the defendant. The plaintiffs had requested an expedited preliminary injunction before the law's July 1 effective date.

FSC Executive Director Alison Boden stated that the Free Speech Coalition "fully agrees with the decision of the District Court in Indiana preventing that state’s age verification law from taking effect on Monday, July 1." Boden also reiterated FSC's position that while efforts to prevent minors from accessing age-inappropriate material are valid, "there are less burdensome solutions that do not violate the rights of legal adults to access the internet without enduring surveillance or risking their anonymity."

SB 17, signed into law on March 13, 2024, mandates that operators of adult-oriented websites displaying material harmful to minors must implement a reasonable age verification method. The law also establishes a legal framework allowing parents or guardians of a child harmed by a breach of the age verification requirement to seek monetary damages, injunctive relief, and reasonable attorney’s fees. Additionally, it grants any other individual the right to pursue injunctive relief and attorney’s fees in cases where the age verification process is violated.

The Lawsuit's Allegations

The lawsuit filed by FSC and its co-plaintiffs in the United States District Court for the Southern District of Indiana on Monday, June 24, aimed to block the state’s age verification law. The plaintiffs alleged that SB 17 violates the First, Fifth, Eighth, and 14th Amendments, as well as Section 230. The complaint argued that the law "fails strict scrutiny by employing the least effective and yet also the most restrictive means of accomplishing Indiana’s stated purpose of allegedly protecting minors," despite impinging on adults' rights to access protected speech.

The plaintiffs also alleged that SB 17 imposes burdens on adults, "the vast majority of whom value their online privacy and do not wish to expose exploitable personal data simply to view constitutionally protected material they have every right to view." The complaint further stated that "the high risk of data breaches and leaks resulting from compliance with the Act serves as an unavoidable barrier preventing adults from divulging their information over the internet."

This lawsuit joins similar FSC-led challenges in Utah and Texas, which are pending before the courts.

Co-Plaintiffs and Legal Representation

A range of adult platforms and companies joined the Free Speech Coalition as co-plaintiffs in the lawsuit against Indiana Attorney General Todd Rokita. These co-plaintiffs include Aylo Premium LTD, Aylo Freesites LTD, Webgroup Czech Republic, A.S., NKL Associates, SRO, Sonesta Technologies, S.R.O., Sonesta Media, S.R.O., Yellow Production S.R.O., Paper Street Media, S.R.O., Paper Street Media, LLC, Neptune Media, LLC, Mediame SRL, and Midus Holdings, Inc.

Attorneys representing the plaintiffs are Michael T. Zeller, Derek L. Shaffer, Taylor E. Comerford, and Arian Koochesfahani of Quinn Emanuel Urqhart & Sullivan, LLP, Kian Hudson of Barnes & Thornburg, LLP, and Jeffrey Sandman of Webb Daniel Friedlander, LLP.

Key Facts

  • A federal judge in Indiana granted a preliminary injunction against Senate Bill 17 (SB 17) on June 28.
  • The injunction prevents Indiana's age verification law from taking effect on July 1.
  • Judge Richard L. Young ruled that SB 17 is "likely facially unconstitutional under the First Amendment."
  • The lawsuit was filed by the Free Speech Coalition (FSC) and co-plaintiffs against Indiana Attorney General Todd Rokita.
  • Co-plaintiffs include Aylo Premium LTD, Aylo Freesites LTD, Webgroup Czech Republic, A.S., Sonesta Technologies, S.R.O., Sonesta Media, S.R.O., Paper Street Media, LLC, Neptune Media, LLC, Mediame SRL, and Midus Holdings, Inc.
  • SB 17 was signed into law on March 13, 2024, and mandates age verification for material deemed "harmful to minors."