FSC Files Motion for Preliminary Injunction Over Utah Registry

SALT LAKE CITY, Utah — The Free Speech Coalition filed a motion in federal court Thursday seeking a preliminary injunction to enjoin enforcement of Utah’s Child Protection Registry.

Utah’s registry allows parents and others to register email addresses to which minors have "access," and then prohibits emails from being sent from anywhere in the world to those addresses that advertise "harmful matter" or products or services minors cannot purchase.

Emailers can pay a private company to "scrub" their lists at a cost of 1/2 cent for every name on their list, according to the registry’s rules. That company, Unspam Registry Services Inc., is named in the suit.

The FSC contends in a 45-page motion to the U.S. District Court in Salt Lake City that the registry is preempted by the federal Can-Spam Act and that it violates the Commerce Clause of the U.S. Constitution, the 1st Amendment of the Constitution, and Article I, Section 15, of the Utah Constitution.

“The enforcement of CPR would effectively overrule Congress’ decision not to implement a ‘do not email’ registry,” the court filing said. “The public interest strongly favors upholding such explicit congressional intent.”

The FSC also said in the suit that the registry constitutes an impermissible prior restraint, violates the expressive privacy of members and imposes an unconstitutional burden on protected expression, among other arguments.

“The effort to enjoin Utah's CPR is an important part of FSC’s litigation strategy to challenge oppressive statutes which not only burden lawful expression and commerce, but in this case actually expose minors to unwanted intrusion by creating a convenient registry which the Federal Trade Commission believes can be easily hacked,” FCS Board Chair Jeffrey Douglas said.

FSC attorneys are seeking preliminary injunction enjoining Utah Attorney General Mark Shurtleff from enforcing any of the provisions contained in the act.

The FSC’s motion is supported by the American Advertising Federation, the American Association of Advertising Agencies, the Association of National Advertisers Inc., the Email Service Provider Coalition, Electronic Frontier Foundation and the Center for Democracy and Technology.

The case is Free Speech Coalition vs. Shurtleff, No. 2:05-cv-00949.

Copyright © 2024 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Bella Rolland Toplines 'The Sex Impulse' From Sweet Sinner

Bella Rolland headlines "The Sex Impulse," the latest release from Mile High Media studio brand Sweet Sinner.

Online Industry Veteran Joe E. Passes Away

Online industry veteran Joe E. has passed away, according to friends and industry associates.

Judge Acquits Backpage Defendants of Most Charges Before 2nd Retrial

A federal judge acquitted former co-owner of Backpage.com Michael Lacey and two co-defendants on most of the counts remaining from the protracted trial launched against the website operators by the Justice Department in 2018.

Adult Time Partners With Animation Studio 3DGspot

Adult Time has signed a deal to distribute content on its streaming platform from animation studio 3DGspot.

Georgia Gov. Brian Kemp Signs Age Verification Bill Into Law

Republican Gov. Brian Kemp signed into law on Tuesday a bill that includes Georgia’s version of the age verification of adult content provisions being sponsored around the country by anti-porn religious conservative activists.

AEBN Publishes Popular Searches by Country for February, March

AEBN has released the popular searches from its straight and gay theaters in more than three dozen countries during February and March.

Willow Ryder, Angelina Diamanti Topline 'Lesbian Neighbor Affairs'

Willow Ryder and Angelina Diamanti headline "Lesbian Neighbor Affairs," from Girlfriends Films.

Cherie DeVille Discusses Doc Johnson Collabs in Vice TV's 'Sex Before the Internet'

2023 XBIZ Performer of the Year Cherie DeVille is featured on Vice TV’s “Sex Before the Internet,” discussing her Doc Johnson celebrity strokers in the episode “Sex Toy Empire.”

HardWerk Relaunches Through YourPaysitePartner

HardWerk.com has relaunched through YourPaysitePartner (YPP).

SINematica Names Silvia Dellai 'Most Valuable Performer' for April

SINematica has crowned Czech-Italian star Silvia Dellai as Most Valuable Performer for the month of April, with a spotlight scene opposite Yannick Shaft and Erik Everhard.

Show More