N.C. Governor Vetoes State Record-Keeping Legislation

RALEIGH, N.C.—North Carolina Gov. Josh Stein, a Democrat, has vetoed an anti-pornography bill that would mandate state-level record-keeping rules that would directly conflict with existing record-keeping rules at the federal level.

The federal record-keeping requirement for porn production is 18 U.S. Code § 2257 and is enforced by the U.S. Justice Department's Child Exploitation and Obscenity Section.

In a press statement released on Thursday by Stein's office, the record-keeping legislation, House Bill (HB) 805, was vetoed, along with other measures that targeted subject matter and issues such as transgender rights and diversity, equity and inclusion programming in public schools and state and local government agencies.

"These mean-spirited bills would marginalize vulnerable people and also undermine the quality of public services and public education," Stein said broadly of the vetoed bills. "Therefore, I am vetoing them. I stand ready to work with the legislature when it gets serious about protecting people and addressing North Carolinians’ pressing concerns.” 

AVN reported in April that HB 805 was introduced by Republican state Rep. Neal Jackson and co-sponsored by Democratic state Rep. Laura Budd. After being ratified by a state legislature controlled by Republicans in both the House of Representatives and the state Senate, HB 805 was sent to Gov. Stein's desk for his signature.

Adult entertainment industry stakeholders expressed to AVN that they are moderately relieved at Stein's veto. Corey Silverstein, a First Amendment attorney who specializes in adult entertainment clients, explained to AVN, "I’m pleased that the governor vetoed this bill that would have caused havoc throughout the industry."

He added, "Unfortunately, I don’t think the governor vetoed the bill with the adult industry in mind, but rather he had other concerns." Whether such an observation is true, the concern for a legislative override to Stein's veto is noteworthy. An override vote requires a three-fifths vote of members present and voting in the two chambers of the North Carolina General Assembly. This translates to 72 out of the 120 members in the state House and 30 out of 50 members in the state Senate to vote in favor of the override.

"Regardless, I hope we don’t see a similar bill, but I wouldn’t be surprised to see a new proposal as a result of the current anti-adult industry sentiment," Silverstein concluded.
 
Larry Walters, another First Amendment attorney who often collaborates with Silverstein, told AVN that this development is at least a reprieve for a legally battered industry.
 
"The veto is a breath of fresh air in the otherwise increasingly hostile legal climate facing the adult entertainment industry," Walters said. "While the industry dodged a bullet for now, the final test will come when the legislature convenes for a potential override of the veto.
 
"Any industry participants located in North Carolina should contact their representatives to share their opposition to this dangerous legislation," he added.

Alison Boden, executive director of adult industry trade group the Free Speech Coalition, offered similar praise to Gov. Stein's action.

"We’re pleased that the governor chose to veto this outrageous bill," Boden told AVN. "It is a blatant attack on our industry’s right to exist and performers’ right to consent to creating adult content, including their ability to use stage names."

It is worth noting that North Carolina has been exposed to anti-pornography legislation in the past. Under former Democratic Gov. Roy Cooper, state lawmakers were able to implement age verification legislation that prompted entire adult platforms to block all IP addresses from the state's digital space in 2023.

Late in 2024, lawmakers with Cooper's support implemented a Nordic Model-style legal regime to regulate sex work and harshly criminalize sex buyers.