Louisiana Judge Issues Injunction on Enforcement of Online Age Verification Law

It's a normal instinct of those in positions of authority to try to enact legislation that will protect children from the many threats, real and perceived, in our world. I can only think that it was with that purpose in mind that the state legislature in Louisiana put into place what is being called the online age verification law. It's stated intent is to limit minors' ability to access non-obscene materials that could be considered "harmful" by requiring anyone in Louisiana operating a website where material considered "harmful to minors" is published to have any user attempting to access those materials attest that they are eighteen year of age or older. Failure to comply is punishable by a fine of up to $10,000.

In November 2015 Media Coalition filed a lawsuit in the U.S. District Court in Louisiana on behalf of GARDEN DISTRICT BOOK SHOP, INC.; OCTAVIA BOOKS, L.L.C.; FUTURE CRAWFISH PAPER, L.L.C.; AMERICAN BOOKSELLERS ASSOCIATION; AND COMIC BOOK LEGAL DEFENSE FUND challenging the online age verification law as Unconstitutional. Their argument boils down to the law violates the First Amendment rights of older minors and adults by limiting access to books on topics that may be considered harmful younger minors but appropriate for older audiences. Because of the volume of titles sold online placing the verification on just the "harmful" titles is cost prohibitive so these booksellers would have to effectively bar minors from buying any books by placing the age verification at the very beginning of their webpage.

On May 1st Judge Brian A. Jackson issued a preliminary injunction blocking the enforcement of the online age verification law determining that the vague description of what actions are considered "harmful" provided by the law "creates a chilling effect on free speech." So, for now, online booksellers in Louisiana are free to continue in the way that they have been, but the fact that such a law was passed in the first place is disturbing to me.

Our world is a diverse place full of people with differing views on any number of issues. To create a law for one small portion of that world that hinges on what is or isn't considered "harmful" is incredibly short-sighted. Even within a single family this definition can vary greatly, I can't imagine trying to get an even larger group to agree to a single definition. To my way of thinking trying to legislate information is pretty much always a terrible idea. When it comes to what is appropriate material for a minor to be accessing I feel that parents are better judges than any legislative body could ever be. And I don't mean groups of parents making the decision for everyone either, this is something that should be decided on a child by child basis by the people raising the child.