Chattanooga Times Free Press

Kansas nears requiring porn sites to verify people’s ages

- BY JOHN HANNA AND SEAN MURPHY

TOPEKA, Kan. — Kansas is poised to require pornograph­y websites to verify visitors are adults, a move that would follow Texas and a handful of other states despite concerns about privacy and how broadly the law could be applied.

The Republican­controlled Kansas Legislatur­e passed the proposal Tuesday, sending it to Democratic Gov. Laura Kelly. The House voted for it 92-31 and the Senate approved it unanimousl­y last month. Kelly hasn’t announced her plans, but she typically signs bills with bipartisan backing, and supporters have enough votes to override a veto anyway.

At least eight states have enacted age-verificati­on laws since 2022 — Texas, Arkansas, Indiana,

Louisiana, Mississipp­i, Montana, Utah and Virginia, and lawmakers have introduced proposals in more than 20 other states, according to the National Conference of State Legislatur­es and an analysis from The Associated Press of data from the Plural billtracki­ng service.

Weeks ago, a federal appeals court upheld the Texas age-verificati­on requiremen­t as constituti­onal and a the Oklahoma House sent a similar measure to the state Senate.

Supporters argue that they’re protecting children from widespread pornograph­y online. Oklahoma Rep. Toni Hasenbeck, a sponsor of the legislatio­n, said pornograph­y is dramatical­ly more available now than when “there might be a sixth-grade boy who would find a Playboy magazine in a ditch somewhere.”

“What is commonplac­e in our society is for a child to be alone with their digital device in their bedroom,” said Hasenbeck, a Republican representi­ng a rural southwest Oklahoma district.

In Kansas, some critics questioned whether the measure would violate free speech and press rights guaranteed by the U.S. Constituti­on’s First Amendment. Last year, that issue was raised in a federal lawsuit over the Texas law from the Free Speech Coalition, a trade associatio­n for the adult entertainm­ent industry.

A three-judge panel of the conservati­ve, New Orleans-based 5th U.S. Circuit Court of Appeals found Texas’ ageverific­ation requiremen­t did not violate the First Amendment. The judges concluded such a law can stand as long as a state has a rational basis for it and states have a legitimate interest in blocking minors’ access to pornograph­y.

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