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Conservative Lawmakers Propose Porn Taxes Amid Constitutional Concerns

Ars Technica - All content •
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Conservative lawmakers in multiple US states are proposing new taxes on adult entertainment platforms, sparking significant legal and industry debate. Utah State Senator Calvin Musselman introduced a bill imposing a 7% tax on receipts from adult content generated within the state, alongside a $500 annual fee for operators. The proposed revenue would fund teen mental health services through Utah's Department of Health and Human Services.

This move follows Alabama's recent implementation of a 10% tax on adult entertainment companies, which itself succeeded new age-verification mandates. Pennsylvania lawmakers are also considering similar legislation. These initiatives occur as 25 US states have passed some form of age verification laws, with Utah, Alabama, and Pennsylvania among 16 states declaring pornography a public health crisis.

However, constitutional challenges loom large. Evelyn Douek, an associate professor at Stanford Law School, argues such taxes are unconstitutional because they single out protected speech for disfavored treatment. The industry faces increasing pressure, with Pornhub's vice president Alex Kekesi highlighting data privacy concerns and the difficulty of enforcing age restrictions effectively.

These measures represent a broader trend of online surveillance and censorship targeting adult content.