Conservative lawmakers in several US states are pushing for taxes on adult content, sparking concerns that these measures could infringe upon free speech rights. In recent months, Alabama became the first state to impose a 10% tax on porn sites, following the passage of age-verification laws requiring users to provide ID or personal documentation before accessing explicit content.
Utah lawmakers have proposed similar legislation, which would enforce a 7% tax on total receipts from adult entertainment companies and impose an annual fee of $500. The revenue generated by these taxes is set to be used for mental health services targeting young people. Critics argue that such measures are unconstitutional, as they single out protected speech for disfavored treatment.
The push for porn taxes comes amid a broader trend of conservative lawmakers redefining the issue around underage exposure to adult content. In 2022, a report from Common Sense Media found that 73% of teens aged 13-17 have accessed adult content online, often through social media platforms like X and Snap.
Industry experts argue that porn taxes could disproportionately affect sex workers and creators who rely on these platforms for income. "A government tax on speech limits that right to those who can afford it," says Mike Stabile, director of public policy at the Free Speech Coalition.
Critics also point out that such measures do not address the root causes of underage exposure to explicit content, which is often facilitated by social media platforms' inadequate age verification processes. "Age restriction is a very complex subject that brings with it data privacy concerns and the potential for uneven and inconsistent application," notes Evelyn Douek, an associate professor of law at Stanford Law School.
As lawmakers work to reframe the issue around underage harm, many experts warn against setting a precedent for government power to restrict certain forms of protected speech. "When we talk about free speech, we generally mean the freedom to speak, the ability to speak freely without government interference," says Douek.
Utah lawmakers have proposed similar legislation, which would enforce a 7% tax on total receipts from adult entertainment companies and impose an annual fee of $500. The revenue generated by these taxes is set to be used for mental health services targeting young people. Critics argue that such measures are unconstitutional, as they single out protected speech for disfavored treatment.
The push for porn taxes comes amid a broader trend of conservative lawmakers redefining the issue around underage exposure to adult content. In 2022, a report from Common Sense Media found that 73% of teens aged 13-17 have accessed adult content online, often through social media platforms like X and Snap.
Industry experts argue that porn taxes could disproportionately affect sex workers and creators who rely on these platforms for income. "A government tax on speech limits that right to those who can afford it," says Mike Stabile, director of public policy at the Free Speech Coalition.
Critics also point out that such measures do not address the root causes of underage exposure to explicit content, which is often facilitated by social media platforms' inadequate age verification processes. "Age restriction is a very complex subject that brings with it data privacy concerns and the potential for uneven and inconsistent application," notes Evelyn Douek, an associate professor of law at Stanford Law School.
As lawmakers work to reframe the issue around underage harm, many experts warn against setting a precedent for government power to restrict certain forms of protected speech. "When we talk about free speech, we generally mean the freedom to speak, the ability to speak freely without government interference," says Douek.