State Senate: Republican majority
State House: Republican majority
Governor: Eric Holcomb (R)
Attorney General: Todd Rokita (R)
Summary:
The solid-red Indiana legislature has Republican supermajorities in each chamber and has passed several speech-related laws recently, including HB 1190 which strengthens free speech at state educational institutions, limiting the use of generative-AI and “fabricated media” in elections, and requires adult oriented website operators that display material harmful to minors to use age verification methods to prevent a minor from accessing an adult oriented website. The age-verification law was successfully challenged by operators of pornography websites and blocked by a district court.
Key Policymakers:
- Sen. Brian Buchanan [R], Sen. Jeff Raatz [R], Sen. Dennis Kruse [R], Sen. Eric Koch [R], Sen. John Crane [R], Sen. Mike Bohacek [R], Sen. Spencer Deery [R], and Sen. Elizabeth Brown [R]
- Rep. Jack Jordan [R], Rep. Julie Olthoff [R]
Legislative Activity:
SB 274 (2022): Censorship of digital expression. Prohibits an interactive computer service or a social media platform from censoring any user, the expression of any user, or the ability of any use to receive the expression of another person based on: (1) the viewpoint of the user or another person; (2) the viewpoint represented in the user’s expression or another person’s expression; or (3) the user’s geographic location in Indiana. Provides for specified exceptions to the prohibition. Provides that an interactive computer service or social media platform that violates the prohibition with respect to a user of the interactive computer service or social media platform is subject to a civil action Provides that an interactive computer service or social media platform that willfully fails to promptly comply with an order issued by a court in an action brought for a violation of the prohibition commits contempt of the court, and provides that the court: (1) may impose on the interactive computer service or social media platform any penalty authorized for contempt of court; and (2) shall impose on the interactive computer service or social media platform a civil penalty for each day the interactive computer service or social media platform remains in noncompliance with the order. Introduced by Sen. Eric Koch [R] in February 2022 but did not progress.
HB 1314: Social media use by minors. Provides that a social media service may not allow an Indiana resident who is a minor to hold an account with the social media service unless the social media service receives written consent to the minor’s use of the social media service from the minor’s parent or guardian. Requires age verification. Introduced by Rep. Joanna King [R] in January 2024 but has not progressed.
SB 201: Minor’s Access to Mobile Smart Devices and Social Media. This bill requires the manufacturer of a mobile smart device that incorporates an adult content filter and that is sold in Indiana after January 1, 2025, to configure the operating system of the mobile smart device: (1) such that the adult content filter is enabled upon activation of the mobile smart device; and (2) in a manner that reasonably ensures that a minor cannot disable the adult content filter. It provides that a manufacturer of mobile smart devices commits a deceptive consumer sale that is actionable by the Attorney General for each sale in Indiana of a noncompliant mobile smart device manufactured by the manufacturer. Social Media Providers – The bill requires a social media provider (provider) that receives a request for creation of an account with the provider’s social media service to: (1) determine the age of the individual requesting creation of the account; (2) if the provider determines that the individual is a minor, create the account only if the provider receives written consent to creation of the account from the minor’s parent, guardian, or custodian; and (3) if the provider creates an account for the individual, electronically provide specific information to the minor’s parent, guardian, or custodian. Introduced by Sen. Spencer Deery [R] and Sen. Stacey Donato [R] in January 2024 but has not progressed.
HB 1517: Requires the office of technology to restrict access to TikTok or WeChat applications or any other applications developed by ByteDance Limited or Tencent Holdings Limited, and prohibits persons from accessing those applications or visiting those websites on a state owned, operated, or maintained device. Imposes a surcharge tax on social media providers. Introduced by Rep. John Prescott [R] in January 2023 but did not progress.
HB 1190 (2022) (Signed into Law): Free speech at state educational institutions. Provides that a state educational institution may not: (1) designate an outdoor area on campus as an area where protected expressive activities are prohibited; (2) deny any benefit or privilege to, or discriminate against, a religious, political, or ideological student organization for its protected expressive activity; and (3) deny a benefit to or discriminate against a religious, political, or ideological student organization based on the protected expressive activity or a requirement of the student organization. Allows a state educational institution to enforce reasonable time, place, and manner restrictions that comply with certain requirements. Requires a state educational institution to create and publish protected expressive activity policies. Provides that a student or student organization may bring a cause of action for a violation of free speech rights. Allows a court to award injunctive relief, compensatory damages, reasonable court costs, and attorney’s fees to an aggrieved student or student organization if the court finds that a violation occurred. Allows a court to award compensatory damages up to $50,000. Provides that a state educational institution is not immune from certain liability. Requires the commission for higher education to create a form for a state educational institution to submit information on an alleged violation of this chapter. Introduced by Rep. Jack Jordan [R], Sen. Brian Buchanan [R], Sen. Jeff Raatz [R], Sen. Dennis Kruse [R], Sen. Eric Koch [R], and Sen. John Crane [R] in January 2022, passed both chambers unanimously and signed into law in March 2022.
HB 1133 (Signed into Law): Use of altered media in elections. Defines “fabricated media” as any of several things created through a generative adversarial network or other generative artificial intelligence technology. Prohibits a person from disseminating fabricated media, or entering into a contract or other agreement under which fabricated media is disseminated, if: (1) the person knows, or reasonably should know, that the media is fabricated media; (2) the fabricated media depicts an individual and the fabricated media is disseminated without the consent of the individual depicted in the fabricated media; (3) the fabricated media is disseminated less than ninety 90 days before an election; (4) the purpose of the dissemination is injuring a candidate in an election or influencing the outcome of an election; and (5) the fabricated media does not include a disclaimer that meets specified requirements. Provides that a person who knowingly and intentionally violates the prohibition commits: (1) a Class B misdemeanor; or (2) a Class A misdemeanor or a Level 5 felony under specified circumstances. Allows specified individuals to bring a civil action for injunctive relief against a person that violates the prohibition. Introduced by Rep. Julie Olthoff [R] in January 2024, passed both chambers unanimously and signed into law on March 12, 2024.
SB 17 (Signed into Law): Age verification for material harmful to minors. Requires an adult oriented website operator that displays material harmful to minors to use a reasonable age verification method to prevent a minor from accessing an adult oriented website. It creates a cause of action to permit: (1) the parent or guardian of a child harmed by a violation of the age verification requirement to obtain monetary damages, injunctive relief, and reasonable attorney’s fees; and (2) any other person to bring an action to obtain injunctive relief and reasonable attorney’s fees. Prohibits a person that conducts age verification from retaining the identifying information of an individual seeking to access an adult oriented website that displays material harmful to minors, and permits an individual whose identifying information is retained to bring an action to obtain monetary damages, injunctive relief, and reasonable attorney’s fees. Introduced by Sen. Mike Bohacek [R], Sen. Spencer Deery [R], and Sen. Elizabeth Brown [R] in January 2024. Passed both chambers nearly unanimously and signed into law on March 13, 2024.
The law was challenged in court by the Free Speech Coalition and several pornography website operators, including Pornhub. The plaintiffs argue that the law is vague, imposes excessive costs and privacy concerns, and unnecessarily restricts adults’ access to constitutionally protected material. The lawsuit contends that the age verification requirements violate the First Amendment by restricting free speech and pose a significant risk of data breaches, thereby deterring adults from accessing legal content. A federal judge issued a preliminary injunction against the law, which was supposed to take effect on July 1, 2024. The judge ruled that the law likely violates the First Amendment due to its ineffectiveness and potential to burden adults from accessing constitutionally protected content.
