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 © 2025 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

Elly Clutch Stars in Latest From Ricky's Room

2024 XMAs Female Clip Creator of the Year Elly Clutch stars in the latest release from Ricky's Room, titled "An Aftershock Affair."

Isa Bella, Sage Hunter Topline 'Lesbian Hotwives 3' From Sweetheart Video

Isa Bella and Sage Hunter headline the third volume of "Lesbian Hotwives," from Mile High Media studio imprint Sweetheart Video.

LeWood Drops 5th Volume of 'Anal Crazed'

Evil Angel has released “Anal Crazed 5,” the latest title from director/performer duo LeWood (Francesca Le and Mark Wood).

Remy Rune, Ruby Moon Headline Latest 'Lesbian Seductions'

Remy Rune and Ruby Moon topline the 81st volume of “Lesbian Seductions” from Girlfriends Films.

Mature.nl Taps MsSexySaigon as Producer

Mature.nl has named MsSexySaigon as its newest studio producer.

Ny Ny Lew Returns to Brazzers

Ny Ny Lew stars with multi-XMAs winner Vince Karter in the latest scene from Brazzers, titled “Naughty Ny Ny.”

Digital Playground Premieres Ricky Greenwood's Feature Thriller 'Raw'

Digital Playground has dropped “Raw,” the latest thriller from multi-XMAs winner Ricky Greenwood.

Jessie Ames Leads Latest From Immoral Productions

Jessie Ames stars in a new Immoral Productions trilogy alongside John Price, Rob Hudson, and studio honcho “Porno Dan” Leal.

Sister Roma, Ethylina Canne & Ana Foxxx to Host 5th Annual Mx. Pineapple Cabaret

Sister Roma, Ethylina Canne, and multi-XMAs winner Ana Foxxx will host the fifth annual Mx. Pineapple Cabaret at Oscar’s Palm Springs, on Wednesday, Nov. 19.

Melody Marks, Gray Perrier Make Their Transfixed Debuts

Melody Marks and Gray Perrier have made their Transfixed debuts in "Neighbor’s Creampie Surprise."

Show More