Why do people claim porn verification laws are unconstitutional?

[lfromnj]

If storefronts had to verify age for people checking out magazines or say a VHS in the 70s or 80s. What is the difference between these situations? Or were the age verifications for those illegal as well?

[Torie]

Bizarre as it may seem, the distinction may be due to the reliability of the evidence that could be adduced to prove age. Showing a physical drivers license is more reliable than going to an online porn site and claiming that you are Torie. So alas, "the children" probably cannot be "saved" from online porn if they get their grubby little paws on something that accesses the internet.

http://mediashift.org/2009/01/u-s-supreme-court-finally-kills-online-age-verification-law029/

[dead0man]

indeed, it won't stop most kids from looking at porn and will stop some normal adults from being able to access their Gawd given right to look at boobies.

[I spent the winter writing songs about getting better]

Reno v. American Civil Liberties Union

[politicallefty]

As Torie's link notes, the courts have already ruled on this. There's nothing novel about what the states are trying to do (I'm assuming the impetus for this topic is Utah's new law). Congress took multiple bites at the apple and lost every time. The overbreadth doctrine is usually what dooms laws that attempt to regulate "indecency" or "obscenity". Now, you also have to factor in the potential chilling effect on free speech and privacy concerns.

[lfromnj]

Reno v. American Civil Liberties Union

Then why isn't pornhub/ACLU suing for a preliminary injunction in LA or UT?

[I spent the winter writing songs about getting better]

Reno v. American Civil Liberties Union

Then why isn't pornhub/ACLU suing for a preliminary injunction in LA or UT?

Beats me. One of the more legally inclined people might have an answer. I'd be shocked if such a suit isn't filed at some point though.

[President Punxsutawney Phil]

Reno v. American Civil Liberties Union

Then why isn't pornhub/ACLU suing for a preliminary injunction in LA or UT?

Beats me. One of the more legally inclined people might have an answer. I'd be shocked if such a suit isn't filed at some point though.

My best guess is that the players involved don't really want to use the legal system, considering how technology makes it possible to escape tightly written laws. Don't use the legal system=less chance for actually harmful legal precedent to take shape, and also makes the issue more low-key overall as well.

[politicallefty]

I'm not sure what's going on with the Louisiana law, but the Utah law has been challenged. Maybe they're worried about an adverse ruling from the 5th Circuit (though at the district court level, the Middle District appears to be the safest court to file such a challenge). When I did a quick search, Louisiana apparently tried a different age verification law several years ago and it was permanently enjoined (the state didn't bother with any further action).

[brucejoel99]

Reno v. American Civil Liberties Union

Then why isn't pornhub/ACLU suing for a preliminary injunction in LA or UT?

I'm not sure what's going on with the Louisiana law, but the Utah law has been challenged. Maybe they're worried about an adverse ruling from the 5th Circuit (though at the district court level, the Middle District appears to be the safest court to file such a challenge). When I did a quick search, Louisiana apparently tried a different age verification law several years ago and it was permanently enjoined (the state didn't bother with any further action).

And the Utah challenge is being brought by none other than the American porn industry's trade association, so Pornhub is definitely involved. (Also, they say that they're suing Utah but not Louisiana on account of Utah not having a mobile driver's license verification system like Louisiana.)

[politicallefty]

Reno v. American Civil Liberties Union

Then why isn't pornhub/ACLU suing for a preliminary injunction in LA or UT?

I'm not sure what's going on with the Louisiana law, but the Utah law has been challenged. Maybe they're worried about an adverse ruling from the 5th Circuit (though at the district court level, the Middle District appears to be the safest court to file such a challenge). When I did a quick search, Louisiana apparently tried a different age verification law several years ago and it was permanently enjoined (the state didn't bother with any further action).

And the Utah challenge is being brought by none other than the American porn industry's trade association, so Pornhub is definitely involved. (Also, they say that they're suing Utah but not Louisiana on account of Utah not having a mobile driver's license verification system like Louisiana.)

I don't see how that makes Louisiana's law any better in terms of constitutionality. If that's really the reason for not challenging then it sort of seems like they're one of the big guys and more willing to play ball with the government's intrusive policies.