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 © 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

JustFor.fans Wins Trademark Infringement Case Against Fraudulent Domain

The World Intellectual Property Organization (WIPO) has ruled in favor of fan site JustFor.fans in a case against a website using an infringing domain.

Aylo Moves to Settle Two 'Children of Pornhub' Class-Action Lawsuits

Aylo has agreed to terms for a settlement with the plaintiffs in two long-running class actions over allegations that former Pornhub parent company MindGeek knowingly allowed and profited from CSAM on its sites.

Tigerlilly Launches 'SugarCoatedSweethearts' Through PAYSITE

Tigerlilly has launched SugarCoatedSweethearts.com through PAYSITE.

ASACP Marks 30-Year Anniversary

ASACP is celebrating 30 years of operation, during which it has received over 1.3 million reports from web admins and the public about suspected child pornography.

AEBN Announces Isiah Maxwell as Top Male Boy/Girl Performer for Summer 2026

AEBN has revealed its top 10 male Boy/Girl performers for summer 2026, with Isiah Maxwell landing atop the leaderboard.

JMan Launches AI Companion Solution for Adult Websites

Online industry veteran JMan has launched Orkestrait, an AI companion solution designed specifically for adult websites.

Johnny Sins Launches 'Fangate' Platform for Account-Free Content Sales

Johnny Sins has officially launched Fangate, a platform that allows creators to sell content directly to fans without requiring a user account or subscription.

TSBlondieNYC Launches Official Website Through PAYSITE

TSBlondieNYC has launched an official website through PAYSITE.

Creator and Sexual Wellness Brand Marketplace Platform 'Teasr' Launches

Teasr, an online marketplace for creators and sexual wellness brands that focuses on live-selling and video product demonstrations, has officially launched.

JulModels Launches Paysite Content Royalty Program for Performers

JulModels has introduced JulRoyalty, a feature that allows performers and creators to earn royalties from their existing scenes and clips.

Show More