U.S. Sides With Utah in Child Protection Registry Case

SALT LAKE CITY, Utah — Attorneys for the Justice Department filed a brief in the Utah Child Protection Registry case, siding with state officials and arguing that the statute is neither preempted by the federal Can-Spam Act nor contrary to the 1st Amendment.

The Free Speech Coalition filed a motion in U.S. District Court in Salt Lake City in May seeking preliminary injunction to halt enforcement of the law.

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.

Emailers can pay a private company to "scrub" their lists at a cost of a 1/2 cent for every name on their list, according to the registry’s rules. That company, Unspam Registry Services Inc., is named in the suit.

In a 29-page brief filed before Judge Dale Kimball, who is set to hear arguments Thursday on the FSC’s motion for an injunction and the state’s request to dismiss the trade group’s lawsuit, Justice Department lawyers laid out a two-pronged argument in defense of the statute.

Rebutting the FSC’s argument that enforcement of the state law would overrule Congress’ decision not to implement a “do not email” registry, Justice Department lawyers said in their brief that the Can-Spam “preemption provision applies only to state laws that expressly regulate the use of electronic mail to send commercial message.”

According to the Justice Department brief, Can-Spam does not preempt the Utah law’s ability to prohibit sending emails that “contain material that is harmful to minors.”

Addressing the FSC’s argument that the law imposes an impermissible prior restraint on free speech, Justice Department lawyers argued that Utah has a right to prohibit the sale of material to minors, when it is deemed “harmful to minors,” even though the same content would not be ruled as obscene as to adult.

Government attorneys also argued that the 1st Amendment does not “protect a speaker’s right to send unwanted material into the home of another.”

The case is Free Speech Coalition vs. Shurtleff, No. 2:05-cv-00949.

To read the brief, click here.

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

Michigan Legislators Propose Online Porn Ban

Michigan lawmakers have introduced a bill that would make it illegal to distribute pornography via the internet in the state.

Florida AG Sues Aylo, Segpay Over State AV Law

Florida Attorney General James Uthmeier filed lawsuits against Aylo and Segpay on Monday with the 12th Judicial Circuit Court of Florida for noncompliance with HB3, the state's age verification law.

Colombian Court Sides with Performer Esperanza Goméz Over IG Suspensions

Colombia’s Constitutional Court last week ruled in favor of adult performer Esperanza Gómez in her legal battle against Meta over repeated suspensions of her Instagram account.

Missouri AG Announces Age Verification Rule to Take Effect Nov. 30

Newly appointed Missouri Attorney General Catherine Hanaway announced Friday that the state's recently approved age verification regulation for adult websites will go into effect on Nov. 30.

Aylo, Woodhull Freedom Foundation to Host 'Online Censorship' Event

Aylo and Woodhull Freedom Foundation will co-host a virtual panel addressing online censorship on Sept. 30.

Severe Sex Films Relaunches Site Through YourPaysitePartner

Severe Sex Films has relaunched its official website through YourPaysitePartner (YPP).

Judge Awards Plaintiffs Over $400K in Attorneys Fees in Derek Hay Civil Case

California Superior Court Judge Gail Killefer has awarded former clients of LA Direct Models over $400,000 in attorneys fees and court costs, to be paid by agency founder Derek Hay.

ChickPass Rebrands as 'ChickPass Cinematic Universe'

ChickPass has announced that it has rebranded its network of sites as ChickPass Cinematic Universe.

Brazilian Adult Industry Association ABIPEA Launches

Brazilian Association of the Adult Entertainment Industry and Professionals (ABIPEA) has officially launched its organization.

New Adult Social Media Platform 'Havven' Opens Beta Phase

Havven, a new adult social media platform, has opened its beta phase and will officially launch Oct. 5.

Show More