Motion Filed to Dismiss FSC Suit Over Utah Registry

SALT LAKE CITY, Utah — The company handling Utah’s Child Protection Registry filed a motion in federal court late Monday seeking to dismiss the Free Speech Coalition’s case that attempts to put a halt to the new law.

Unspam Registry Services Inc. claims that the FSC and its members have not demonstrated that they send emails that are subject to or that they may suffer the penalties of the Child Protection Registry Act, according to court documents.

“FSC has not alleged concrete and particularized injury to its members sufficient to challenge some of the CPR Act’s provisions,” the motion said.

The defendant further claims that “[b]ecause FSC has alleged no injury in fact to itself, it has no standing to sue on its own behalf.”

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. The law went into effect May 1.

Emailers can pay Unspam Registry to “scrub” their lists at a cost of 1/2 cent for every name on their list, according to the registry’s rules.

Unspam Registry, which was joined in the motion by Utah Attorney General Mark Shurtleff and Consumer Protection Director Kevin V. Olsen, are asking that the FSC’s motion for preliminary injunction and declaratory relief be dismissed.

Attorney Gregory A. Piccionelli, who represents the FSC in the case, was unavailable for comment to XBIZ at post time.

Earlier this month, the FSC contended 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.

FSC attorneys still are seeking preliminary injunction enjoining 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 © 2026 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

2027 XBIZ Exec Awards Nominees Announced for Adult Entertainment Edition

XBIZ is pleased to announce the nominees for the adult entertainment industry edition of the 2027 XBIZ Exec Awards, set to be presented as part of the annual XBIZ Honors ceremony on Friday, Jan. 8, in conjunction with the XBIZ 2027 event series.

Pineapple Support to Host 'Effective Parenting' Support Group

Pineapple Support is hosting a free online support group for performers with children.

XMA Nominations Party Set for Nov. 17 at Avalon Hollywood

A night that sets the stage for the flagship XMAs, this year’s nominations reveal party will take place at Avalon Hollywood on Tuesday, Nov. 17, with red-carpet arrivals starting at 8 p.m.

BrattyGirls.com Launches Through PAYSITE

Producer Robert Peru has launched his newest membership site, BrattyGirls, through PAYSITE.

Arcom Issues Warnings to 3 Adult Sites Over Age Verification

French media regulator Arcom has issued formal notices to the providers of three adult websites that the agency says have failed to implement age verification as required under French law.

AEBN Reveals Ariel Demure as Top Trans Star for Q3 of 2026

AEBN has named its top trans stars for the third quarter of 2026, with Ariel Demure landing atop the leaderboard.

Porn Piracy: How AI Is Transforming Content Theft and Protection

Gone are the days when the word “pirate” primarily conjured images of clever scoundrels like Captain Jack Sparrow, swaggering across the high seas in search of gold and jewels. Today’s most prolific pirates operate in the darkest corners of the internet, armed with bots, scrapers and generative AI.

Playhaus Network Launches Official Website Through PAYSITE

Podcast platform The Playhaus Network has partnered with PAYSITE to launch a new home for its original programming, featuring comedy, uncensored discussions and appearances by adult performers.

Sportsheets Wins Trademark Infringement Case Against Copycat Website

The World Intellectual Property Organization (WIPO) has ruled in favor of Sportsheets in a case against a copycat website using an infringing domain.

Kylie Rocket, Derek Kage Cap AEBN's Top Stars for 3rd Quarter of 2026

AEBN has revealed its most popular performers in straight and gay theaters for the third quarter of 2026.

Show More