Free Speech Coalition has been notified {that a} private damage legislation agency has begun sending demand letters to web sites which might be accessible in Kansas with out age verification.
The legislation agency’s demand letter seeks near $1M in damages for allegedly violating Kansas’ age-verification legislation, which went into impact in July. In Kansas, easy entry of an grownup web site by a minor could also be sufficient to carry a civil case — no demonstration of precise hurt is essentially required. Underneath the legislation, claims for statutory damages start at $50,000. The state’s legal professional common can also be empowered to carry litigation.
Free Speech Coalition has reviewed a letter demanding such compensation. It isn’t a proper authorized submitting, however claims that an unnamed minor was allegedly in a position to entry the corporate’s web site utilizing their father or mother’s laptop computer, which was not geared up with a parental filter. The letter presents to settle the case earlier than any litigation is initiated. Primarily based on the data contained within the letter and public statements made by the agency, FSC believes different firms might have acquired or can be receiving comparable demand letters.
“We have now lengthy warned that these legal guidelines can be weaponized to threaten and harass grownup companies,” says Alison Boden, Govt Director of the Free Speech Coalition. “The specter of costly litigation and fines has lengthy been utilized by the federal government to assault and silence the grownup trade. If historical past is a information, we’re stronger once we band collectively in opposition to such litigation.”
Whereas FSC has challenged many of those unconstitutional age-verification legal guidelines in courtroom, they at present stay in impact. Grownup websites ought to pay attention to the elevated threat of enforcement and will seek the advice of their authorized counsel if they’ve questions.
Free Speech Coalition asks that anybody who’s contacted by both a state legal professional common or non-public agency contact FSC instantly, as we might have authorized sources out there.
