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Adult Attorney Corey Silverstein wrote a piece on XBIZ.com about Alabama’s adult content laws.
Here is a summary of the article:
Alabama has emerged as one of the most restrictive states for the adult entertainment industry following the passage of House Bill 164 and related enforcement measures. The state has imposed a layered regulatory system that includes a 10% tax on adult-content revenue, strict age verification mandates and notarized performer consent requirements. Critics within the industry argue that these laws go beyond ordinary regulation and instead create an environment so burdensome that companies and creators are effectively pushed out of the state. The article argues that the combined effect of these policies raises serious constitutional concerns, particularly involving the First Amendment and the protection of lawful adult expression.
A central focus of the law is the 10% tax placed on gross revenue tied to adult content. Unlike neutral sales taxes, this levy specifically targets material classified as “harmful to minors,” applying to subscriptions, memberships and other monetized adult services. The article notes that this content-based taxation may violate constitutional protections because it singles out protected speech for special financial penalties. The statute also creates confusion over how the tax applies across state lines, particularly when performers, platforms and subscribers are located in different jurisdictions. Because the law provides little clarity, many companies reportedly view compliance as too risky and have chosen to stop operating in Alabama altogether.
The article also highlights Alabama’s aggressive age verification requirements, which compel adult websites to use methods such as government-issued identification, biometric verification or third-party authentication systems to confirm users are over 18. While intended to prevent minors from accessing adult content, these requirements raise privacy concerns for both users and platforms. Companies face legal exposure if verification systems fail, even unintentionally, while users may be reluctant to provide sensitive personal information online. On top of these obligations, Alabama now requires performer consent documents to be notarized, adding another administrative burden that particularly affects independent creators and international performers. The article describes this requirement as an unusually formal and costly compliance hurdle.
The piece concludes that Alabama’s laws collectively function less as ordinary regulation and more as a system designed to suppress the adult industry altogether. It points to public comments from Alabama State Representative Ben Robbins celebrating the withdrawal of major adult platforms from the state as evidence that lawmakers may be seeking to eliminate access to adult content rather than simply protect minors. According to the article, these measures could face constitutional challenges involving the First Amendment, the Dormant Commerce Clause and privacy protections. Whether courts ultimately uphold or strike down the laws may shape how other states pursue similar regulations in the future.
The entire article is here.
