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

Ameena Green on Delayed Gratification and Finding her 'Synthesis' Moment

In an industry that sometimes moves at breakneck speed, Ameena Green is taking it slow.

Juliana Marie Makes Her West Coast Productions Debut

Juliana Marie has made her debut for West Coast Productions (WCP), alongside Jovan Jordan, in the studio’s latest release, titled “The Monster Tamer.”

Krystal Sparks, Nicky Huntsman & Natalia Starr Front 'Austin Powers' Parody From MYLF

Krystal Sparks, Natalia Starr, and Nicky Huntsman star with Quinton James in a new “Austin Powers” parody from MYLF.

Scarlet Chase Stars in 'Slippery Sloppy Slut' From SecretCrush

Evil Angel has released the latest scene from Scarlet Chase's SecretCrush brand, titled "Slippery Sloppy Slut."

UPDATED: Supreme Court Rejects Tariffs, Trump Responds

The U.S. Supreme Court on Friday ruled against the Trump administration’s sweeping tariffs, which have significantly impacted the pleasure industry, prompting the president to announce a new tariff strategy as a workaround.

Ricky's Room Releases New Title 'Gemini's Room'

Ricky’s Room has released its Baby Gemini showcase, "Gemini’s Room," on DVD.

Candee Licious, Zazie Skymm Star in Latest From MixedX

Candee Licious and Zazie Skymm star in the latest release from MixedX, titled “The Other Memory.”

FSC Updates Complaint in Tennessee AV Case, AG Motions to Dismiss

The Free Speech Coalition this week filed an amended complaint in its lawsuit challenging the Protect Tennessee Minors Act as unconstitutional, in response to which the Tennessee attorney general motioned for dismissal of the case.

Sabien DeMonia Drops Latest Evil Angel Directorial

Reigning Euro XMAs MILF Performer of the Year Sabien DeMonia has dropped her latest directorial effort for Evil Angel, “0% Pussy 100% Anal Squirt Hardcore Gape: Polish.”

Show More