Adults have a First Amendment right to look for and access information online, including sexual content.
But Senate lawmakers today voted to pass House Bill 1053, legislation that would require people to undergo an invasive age verification process before accessing websites that contain any amount of adult content online. The bill now heads to Gov. Larry Rhoden’s desk for his signature.
The ACLU of South Dakota opposes House Bill 1053. Requiring age-verification to access sites that contain sexual content won’t save children from online harm. But it will invade the privacy of all South Dakotans in violation of their constitutional rights.
The following statement can be attributed to Samantha Chapman, ACLU of South Dakota advocacy manager:
“Is there harmful content on the internet for young viewers? Undoubtedly. But not every societal ill requires a solution from the government. We can, and should, make the internet safer for minors. But we can do this without sacrificing our privacy and Constitutional rights.
“Though South Dakota legislators claim House Bill 1053 is about protecting minors, this bill does not merely restrict minors’ access. In requiring adults to identify themselves online, the bill burdens their ability to exercise their First Amendment rights to see sexual content or any other material on a regulated site.
“Efforts to childproof the internet not only hurt everyone’s ability to access information, but also give the government far too much leeway to go after speech it doesn’t like — all while failing to actually protect children. We’re disappointed that our elected officials aren’t protecting our First Amendment rights.”
About the ACLU of South Dakota
The American Civil Liberties Union of South Dakota is a non-partisan, nonprofit organization dedicated to the preservation and enhancement of civil liberties and civil rights. The ACLU of South Dakota is part of a three-state chapter that also includes North Dakota and Wyoming. The team in South Dakota is supported by staff in those states.
The ACLU believes freedoms of press, speech, assembly, and religion, and the rights to due process, equal protection and privacy, are fundamental to a free people. In addition, the ACLU seeks to advance constitutional protections for groups traditionally denied their rights, including people of color, women, and the LGBTQ+ and Two Spirit communities. The ACLU of South Dakota carries out its work through selective litigation, lobbying at the state and local level, and through public education and awareness of what the Bill of Rights means for the people of South Dakota.
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