Age Verification Resources > Lawsuits

FSC v. Rokita (Indiana)

Free Speech Coalition and a group of adult platforms have filed a legal challenge in Indiana over the state’s age-verification law, SB17, arguing that it violates the First Amendment of the U.S. Constitution. SB17 empowers the state attorney general to file civil suits against platforms with adult content if they do not require visitors to upload a government ID and scan their face, or otherwise verify their age and identity. In addition to challenging the merits of the law, the Free Speech Coalition and its co-plaintiffs have requested an expedited preliminary injunction in the United States District Court Southern District of Indiana. More »

Timeline

  • August 16, 2024
    The 7th Circuit Court of Appeals allowed Indiana’s law to go into effect. Read FSC’s statement.
  • July 10, 2024
    Indiana appealed the District Court’s Preliminary Injunction ruling to the 7th Circuit Court of Appeals
  • June 28, 2024
    The District Court granted a preliminary injunction against the law preventing the Attorney General from enforcing it!
  • June 10, 2024
    FSC & co-plaintiffs filed the lawsuit.
Full case history and documents

Attorneys

Derek Shaffer
Michael T. Zeller
Arian Joseph Koochesfahani
Taylor Elizabeth Comerford
Jeff Sandman

Firms
Quinn Emanuel Urquhart & Sullivan, LLP
Webb Daniel Friedlander LLP

Key Points

  • The law provides that the Attorney General may bring an action to obtain an injunction against a website and impose a civil penalty of up to $250,000.
  • It also creates a private cause of action to permit the parent or guardian of a child harmed by a violation of the age verification requirement or any other person to bring an action against a website.
  • The law violates the First Amendment by restricting access to a specific type of constitutionally-protected expression in the most restrictive, yet least effective way.
  • The law violates the First Amendment by restricting access to a specific type of constitutionally-protected expression in the most restrictive, yet least effective way.

Court Filings

Initial Complaint

Read the Complaint, filed in the United States District Court for the Southern District of Indiana, Indianapolis Division, on June 10, 2024.

Preliminary Injunction Request

Along with the Complaint, we filed a motion for preliminary injunction to keep the law from going into effect as scheduled on July 1, 2024.

Indiana opposed our request for a preliminary injunction on June 24, 2024.

We filed our response to Indiana’s opposition brief on June 26, 2024.

The District Court denied the Attorney General’s request to put the law into effect while it appeals the preliminary injunction ruling on July 25, 2024.