JEFFERSON CITY, Mo.—The Missouri House of Representatives will soon consider floor action for House Bill (HB) 236, a proposed age verification measure targeting adult entertainment websites with private lawsuits. The measure advanced to a second reading after receiving unanimous approval from the House Children and Families Committee during an executive session on Feb. 13. HB 236 is being promoted as a measure with some bipartisan support despite the far-right control of the legislature.
HB 236 was introduced by conservative Republican state Rep. Sherri Gallick, along with several other Republican members of the House and two Democratic members.
There is a high likelihood the bill will become law in the state, making Missouri one of the latest states to adopt age verification requirements. What is unique about HB 236 is that it is a so-called “bounty law,” meaning it is only enforced by private lawsuits. The bill is designed similarly to a Utah age verification law that prohibits the state from enforcing the law in a bid to immunize it from the liability of a lawsuit brought by stakeholders in the industry that could result in a court blocking enforcement of the law.
As AVN has reported extensively, these types of laws essentially allow private parties to be deputized by the state government to serve as state actors instead of an attorney general or solicitor general. In its current form, HB 236 has not defined any set penalties or guaranteed “bounties” if a state court finds for the suing private party.
The American Civil Liberties Union of Missouri and the Free Speech Coalition, the trade group representing the adult industry, testified before the House Children and Families Committee in opposition to the bill.
Alison Boden, executive director of the Free Speech Coalition, submitted written testimony on Feb. 4 urging lawmakers to kill the bill in committee.
“While efforts to keep minors from accessing adult content are extremely important, HB 236 contains a number of serious flaws that may do more harm than good,” Boden writes in her submitted testimony. She adds, “HB 236 contains significant practical, technical, and legal problems that undermine its effectiveness, create serious data privacy risks, and violate key First Amendment protections for adults.”
She goes on to assert, “We understand the technology, the consumer landscape, and the practical solutions that can keep minors from encountering adult material while preserving the safety and privacy of Missourians. … We understand that working with the adult industry may seem unorthodox, but any effective regulation requires industry to be at the table.”
