Curated from Deeplinks — Here’s what matters right now:
If you've read about the sudden appearance of age verification across the internet in the UK and thought it would never happen in the U.S., take note: many politicians want the same or even more strict laws. As of July 1st, South Dakota and Wyoming enacted laws requiring any website that hosts any sexual content to implement age verification measures. These laws would potentially capture a broad range of non-pornographic content, including classic literature and art, and expose a wide range of platforms, of all sizes, to civil or criminal liability for not using age verification on every user. That includes social media networks like X, Reddit, and Discord; online retailers like Amazon and Barnes & Noble; and streaming platforms like Netflix and Rumble—essentially, any site that allows user-generated or published content without gatekeeping access based on age. These laws expand on the flawed logic from last month’s troubling Supreme Court decision, Free Speech Coalition v. Paxton, which gave Texas the green light to require age verification for sites where at least one-third (33.3%) of the content is sexual materials deemed “harmful to minors.” Wyoming and South Dakota seem to interpret this decision to give them license to require age verification—and potential legal liability—for any website that contains ANY image, video, or post that contains sexual content that could be interpreted as harmful to minors. Platforms or websites may be able to comply by implementing an “age gate” within certain sections of their sites where, for example, user-generated content is allowed, or at the point of entry to the entire site. Although these laws are in effect, we do not believe the Supreme Court’s decision in FSC v. Paxton gives these laws any constitutional legitimacy. You do not need a law degree to see the difference between the Texas law—which targets sites where a substantial portion (one third) of content is “sexual material harmful to minors”—and these laws, which apply to any site that contains even a single instance of such material. In practice, it is the difference between burdening adults with age gates for websites that host “adult” content, and burdening the entire internet, including sites that allow user-generated content or published content. The law invites parents in Wyoming to take enforcement for the entire state—every resident, and everyone else's children—into their own hands But lawmakers, prosecutors, and activists in conservative states have worked for years to aggressively expand the definition of “harmful to minors” and use other methods to censor a broad swath of content: diverse educational materials, sex education resources, art, and even award-winning literature. Books like The Bluest Eye by Toni Morrison, The Handmaid’s Tale by Margaret Atwood, and And Tango Makes Three have all been swept up in these crusades—not because of their overall content, but because of isolated scenes or references. Wyoming’s law is also particu
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Original reporting: Deeplinks