A new Louisiana law that requires pornographic websites to verify the age of state residents seeking access to such platforms will curb adults’ access to constitutionally protected content, according to a trade association.
The new law that took effect Jan. 1, Act 440, passed the state Legislature with only one dissenting vote. The bill, which was approved amid public health concerns about the effects of online pornography on minors, allows people to file civil lawsuits against purveyors of adult content that allow minors access to their websites and fail to put in place adequate age-verification procedures.
The law allows residents to provide age verification through an app called LA Wallet, which can store the data of a Louisiana resident’s state identification card or driver’s license on a cell phone.
Alison Boden, executive director of the Free Speech Coalition, an adult industry trade association, said Act 440 is patterned after a 2021 Texas abortion law that gives citizens – rather than a government entity – the power to take legal actions against those who violate the law. This makes it impossible for the law to be preemptively challenged in court, Boden said.
“In this case, a private party will have to file a lawsuit against a particular website that they claim has harmed a particular child,” she told the Louisiana Record in an email. “We have not seen that yet. Many companies lack the financial resources to defend against even a frivolous lawsuit, so even if it doesn't ultimately pass legal muster, the law is serving the purpose that its proponents intended – eliminating adults' access to constitutionally protected expression.”
Amid the ongoing public debate about the law, the author of Act 440, state Rep. Laurie Schlegel (R-Metairie), a sex addiction therapist, continues to defend the measure as providing needed protections to minors.
“This law had bipartisan support and passed almost unanimously in both the House & Senate with close to 50 co-authors, including Democrats and Republicans,” Schlegel said in a Twitter post. “It was not a Republican win but a win for children in Louisiana. This bill is about protecting children, not limiting adults.”
The law allows plaintiffs to obtain damages as well as legal costs, including reasonable attorney fees. News organizations, online search engines and internet service providers are exempt from the provisions of the new law, according to an analysis of the law prepared by the state Legislature.