FSC Files Motion for Preliminary Injunction Over Utah Registry

SALT LAKE CITY, Utah — The Free Speech Coalition filed a motion in federal court Thursday seeking a preliminary injunction to enjoin enforcement of Utah’s Child Protection Registry.

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 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.

The FSC contends in a 45-page motion to the U.S. District Court in Salt Lake City that the registry is preempted by the federal Can-Spam Act and that it violates the Commerce Clause of the U.S. Constitution, the 1st Amendment of the Constitution, and Article I, Section 15, of the Utah Constitution.

“The enforcement of CPR would effectively overrule Congress’ decision not to implement a ‘do not email’ registry,” the court filing said. “The public interest strongly favors upholding such explicit congressional intent.”

The FSC also said in the suit that the registry constitutes an impermissible prior restraint, violates the expressive privacy of members and imposes an unconstitutional burden on protected expression, among other arguments.

“The effort to enjoin Utah's CPR is an important part of FSC’s litigation strategy to challenge oppressive statutes which not only burden lawful expression and commerce, but in this case actually expose minors to unwanted intrusion by creating a convenient registry which the Federal Trade Commission believes can be easily hacked,” FCS Board Chair Jeffrey Douglas said.

FSC attorneys are seeking preliminary injunction enjoining Utah Attorney General Mark Shurtleff from enforcing any of the provisions contained in the act.

The FSC’s motion is supported by the American Advertising Federation, the American Association of Advertising Agencies, the Association of National Advertisers Inc., the Email Service Provider Coalition, Electronic Frontier Foundation and the Center for Democracy and Technology.

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

Reborn Cinema Drops New Feature 'Reina Reborn'

Reborn Cinema has released its new, music-driven feature, "Reina Reborn," produced by Michael Vegas and Siouxsie Q, and directed by studio honcho Karim Z.

Pineapple Support Releases End of Year Review for 2025

Pineapple Support has released its End of Year Review for 2025, detailing the organization's achievements, challenges, and new initiatives.

XBIZ Miami 2026 Lets the Good Times Roll at New South Beach Venue

Pack your favorite shades and sexiest poolside looks, because XBIZ Miami is splashing into a new hotspot — the chic Goodtime Hotel in the heart of Miami Beach — May 11–14.

Arcom Threatens to Block, Delist 2 Adult Sites Over AV Violation

French media regulator Arcom has sent enforcement notices to the operators of two adult websites that the agency says have failed to implement age verification as required under France’s Security and Regulation of the Digital Space (SREN) law.

Jessi Rae Makes Her Blacked Debut

Jessi Rae has made her debut for Vixen Media Group (VMG) studio imprint Blacked, alongside Jax Slayher, in the studio’s latest release.

Elizabeth Skylar, Sky Wonderland Front All-Girl V-Day Release From Elegant Angel

Elizabeth Skylar and Sky Wonderland star in a new scene from Elegant Angel, titled "Valentine's Day Hotwives."

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 ATM.”

Amari Anne, Hazel Grace & Naomi Foxxx Star in V-Day Release From West Coast Productions

Amari Anne, Hazel Grace, and Naomi Foxxx star in the latest release from West Coast Productions, titled “Valentine’s Day Threesome.”

Alexa Chains Leads Latest From TeamSkeet

Alexa Chains stars with Giovanni Francesco in a new scene for TeamSkeet, titled “Fashionable Curves.”

Final Defendant Sentenced in GirlsDoPorn Case

Former adult producer Doug Wiederhold, previously a business partner of GirlsDoPorn owner Michael Pratt, was sentenced on Friday in federal court to four years in prison for conspiracy to commit sex trafficking.

Show More