6 Trade Groups File Court Papers in Support of FSC

SALT LAKE CITY, Utah — Numerous trade organizations have filed an amicus brief in support of the Free Speech Coalition’s suit against Utah’s Child Protection Registry.

The groups — the American Advertising Federation, the American Association of Advertising Agencies, the Association of National Advertisers Inc., the Email Service Provider Coalition, the Center for Democracy and Technology and the Electronic Freedom Foundation — submitted a 56-page brief Friday to the U.S. District Court in Salt Lake City, contending that the FSC should be granted a preliminary injunction that would disallow the registry.

“We’re extremely pleased that so many of these major groups that are in our space have decided to take a stand against this unwise move against free speech,” FSC Communications Director Tom Hymes told XBIZ. “This is really turning into an intramural softball game with this many players.”

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 Services Inc. 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 is named in the suit, was chosen by Utah to handle the act’s mission.

Led by the Electronic Freedom Foundation, the organizations, in their amicus brief, said they are particularly concerned with the first provision of the act.

“It effectively prohibits and criminalizes email advertisements and newsletters, which would otherwise be lawful, even as between adults, solely because they are sent in electronic form and might be accessed or viewed by a Utah minor,” the brief said. “No other form of advertising is prohibited in this manner, and there is no rational basis to treat email advertising in a different manner from print ads, billboards, TV commercials or other more traditional forms of marketing, or from other forms of advertising on the Internet, such as popup ads, banner ads or website hyperlinks.”

Claiming they are “not spammers,” the groups also said that the statute is too vague and that the registry “may actually expose Utah’s minors to more harmful and offensive content.”

But tantamount to their argument, the organizations say that the registry constitutes a significant and unjustified intrusion under Can-Spam and the Commerce Clause, and violates the 1st Amendment as well as the 14th Amendment, which outlines due process protections.

Both the FSC and defendants — Utah Attorney General Mark Shurtleff and Unspam Registry — are slated to file opposing briefs on the motion for preliminary injunction and the motion to dismiss July 31.

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

Utah VPN Rule Enforcement Pause Extended in Aylo Lawsuit

Provisions of a Utah law making adult websites liable if minors in the state circumvent geolocation efforts to bypass age verification, which were set to come into force in May, have again been put on hold temporarily.

Anti-Censorship Bill Could Shield US Sites From Foreign AV Laws

A Republican congressman has introduced legislation to bar U.S. courts from helping to enforce any foreign law restricting speech that would domestically be protected under the First Amendment, potentially including foreign age verification laws.

X3 Expo 2027 All-Stars Unveiled, Dates Set for Jan. 8-9

X3 Expo will make its L.A. LIVE debut at the JW Marriott on Jan. 8-9, bringing together fans and industry insiders for North America’s largest assembly of stars, alongside a dazzling lineup of attractions spotlighting the cutting edge of modern media and pleasure tech.

Courtney Tillia, Girthmasterr Star in Latest From Brazzers

Courtney Tillia stars with Brazzers exclusive Girthmasterr and Kaiia Eve in the studio's latest release, "Yoga, Massage, Sex...In That Order!"

Adriana Chechik Returns to Dorcel for 'Dirty Game'

Adriana Chechik headlines the latest release from Dorcel, titled “Dirty Game.”

Keeley Kennedy Makes Her WIFEY Debut

Keeley Kennedy has made her debut for Vixen Media Group studio imprint WIFEY alongside her husband Seth and Chocolate Rod.

On the Set: Ricky Greenwood Makes a Case for Dystopian Desire in 'The Tribunal'

Outside a warehouse on a scorching, treeless frontage road in Compton, there is little to suggest that a movie is being made behind its nondescript walls. Similar buildings across the Southwest frequently house adult productions, their unassuming exteriors concealing carefully lit sets where crews labor over every visual detail.

Romantix-Fargo Zoning Dispute Heads Back to District Court

A federal appeals court on Thursday ruled that zoning officials in Fargo, North Dakota, acted in an “arbitrary and capricious” manner when they prevented sex toy retailer Romantix from opening a planned retail store in that city.

Leana Lovings Fronts Latest From Pure Taboo

Leana Lovings stars with Jason Sarcinelli in the latest release from Pure Taboo, titled "Swapping Students."

Reina O'Hara Is Hustler's 'Cover Honey' for September

Reina O’Hara is the Cover Honey for the September issue of Hustler Magazine and appears in a 14-page centerfold spread shot by Davide Esposito.

Show More