Coalition Files Suit to Block Utah Anti-Adult Law

SALT LAKE CITY— A coalition of bookstores, websites, Internet service providers and free speech groups have jointly filed suit to challenge the constitutionality of a controversial Utah law that would require ISPs to rank website content, publish a register of sites considered “harmful to minors” and block access to adult websites upon a customer’s request.

John Morris, attorney for the Washington-based Center for Democracy and Technology, one of the plaintiffs in the suit, told XBiz that the Utah law is unconstitutional on several grounds.

"Service providers are not able to comply without unconstitutionally trampling on free speech," Morris told XBiz, adding that the publishers of these sites may never realize they’re being blocked.

While adult businesses have the most to lose should the law be implemented, the opposition has drawn widespread support from nonadult businesses.

In fact, the lead plaintiff in the case is The King’s English Bookshop, a mainstream store catering to both children and adults. The store’s owner, Betsey Burton, said she decided to pursue the action because she feared the law would restrict the book descriptions and jacket art she provides on the store’s website.

“Unless I limit the website to children’s books or attempt to exclude children from our website, I risk the danger of a criminal charge,” Burton said.

Burton also pointed out that the law does not make mention of an appeals process. “If I found out that my site is considered harmful to minors, how would I challenge this designation?” she asked.

According to Morris, the law also violates the commerce clause of the U.S. Constitution because it effects companies outside of Utah. "Every state that has attempted to regulate content on the Internet has fallen on the commerce clause," Morris said. "Only Congress can regulate what is essentially an interstate medium.

“All the Legislature really accomplished is forcing the state of Utah to spend money to defend a law that will be overturned,” Morris said.

Morris added that numerous sites often share one IP address. Some may have objectionable content while others don’t, he said, but it is technically impossible for an ISP to block only the sites deemed harmful to minors.

Copyright © 2024 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

Live From the Age Verification Frontlines: FSC's Mike Stabile Reports on the Status of the Fight

Two years into the religiously-inspired crusade to ban free access to adult material in the U.S. through carefully drafted "age verification" legislation, the constant onslaught of state-by-state proposals and laws — many of them copied from each other — can be hard to follow.

Written Erotica Platform 'Hevvn' Launches

Hevvn, a new platform aimed at erotica writers seeking to publish, promote and profit from their work, debuted Thursday.

Sssh.com's Angie Rowntree Speaks at Brown University

Sssh.com founder Angie Rowntree spoke at a Brown University class last week, discussing several topics related to adult filmmaking.

Online Industry Veteran Joe E. Passes Away

Online industry veteran Joe E has passed away, according to friends and industry associates.

Judge Acquits Backpage Defendants of Most Charges Before 2nd Retrial

A federal judge acquitted former co-owner of Backpage.com Michael Lacey and two co-defendants on most of the counts remaining from the protracted trial launched against the website operators by the Justice Department in 2018.

Adult Time Partners With Animation Studio 3DGspot

Adult Time has signed a deal to distribute content on its streaming platform from animation studio 3DGspot.

Georgia Gov. Brian Kemp Signs Age Verification Bill Into Law

Republican Gov. Brian Kemp this week signed into law a bill that includes provisions requiring age verification for viewing adult content in Georgia, mirroring legislation being sponsored around the country by anti-porn religious conservative activists.

AEBN Publishes Popular Searches by Country for February, March

AEBN has released the popular searches from its straight and gay theaters in more than three dozen countries during February and March.

HardWerk Relaunches Through YourPaysitePartner

HardWerk.com has relaunched through YourPaysitePartner (YPP).

Aylo Asks Judge to Trim Sweeping GDP-Related Lawsuit

Aylo asked a California federal judge during a hearing on Monday to drop trafficking claims from a sweeping lawsuit brought by a former GirlsDoPorn model.

Show More