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

Jazmine Cruz, McKenzie Mae Make Their Girlsway Debuts

Jazmine Cruz and McKenzie Mae make their Girlsway debuts in the latest installment of "Mommy's Girl," titled "The Bare Minimum."

Alanna Pow Stars in Latest From Brazzers

Alanna Pow stars with Scott Nails in the latest release from Brazzers.

Kimmy Kimm, Khloe Kapri & Alex Jones Lead Latest From Bellesa Plus

Kimmy Kimm and Khloe Kapri star with multi-XMAs winner Alex Jones in the latest scene from Bellesa Plus, titled “Her Last Day.”

FreeUse to Drop New Limited Series 'Time Stop'

FreeUse will premiere a three-part limited series next week, titled “Time Stop.”

UK Government May Limit 'Step' Porn Ban With New Amendments

The U.K. Ministry of Justice on Friday revealed new government amendments to the pending Crime and Policing Bill, potentially limiting a pending ban on “step” content to apply only if adult performers role-play as minors.

Lola Riley Makes Her WIFEY Debut

Lola Riley has made her debut for Vixen Media Group studio imprint WIFEY alongside her husband, Devon, and Hollywood Cash.

Andi Avalon Is April's 'MYLF of the Month'

Andi Avalon has been named "MYLF of the Month" for April and stars in a new release with Nade Nasty.

Arizona Senate Removes 'Catch-22' Provision From Consent Bill

The Arizona State Senate has amended a bill that would impose new requirements for adult content uploaded online, removing a seemingly contradictory provision that could have effectively made it impossible for adult sites to operate in the state.

Lilly Bell, Emma Rosie Topline Latest 'Lesbian Stepsisters' From Sweetheart Video

2025 XMAs Girl/Girl Performer of the Year Lilly Bell and Emma Rosie headline the 14th volume of "Lesbian Stepsisters" from Mile High Media's studio imprint Sweetheart Video.

Leana Lovings Stars in Latest Release From MonsterPorn

Leana Lovings stars with Ashley Lane and Aria Sloane in the latest release from MonsterPorn, titled "Lunar Lovers."

Show More