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

Cherry Kiss, Ella Reese Star in Latest From Bellesa Plus

Multi XMAs-winner Cherry Kiss stars with Ella Reese in a new release from Bellesa Plus.

Ravyn Alexa, Jasmine Sherni Lead Latest From Brazzers

Ravyn Alexa and Jasmine Sherni star with Scott Nails in the latest release from Brazzers, titled "Hot Tomboy Gets the DILF."

Jade Venus, Cliff Jensen Star in Latest From TransSensual

Jade Venus and Cliff Jensen star in the latest release from Mile High Media studio imprint TransSensual, titled "Locked In."

Gender X Debuts Jim Powers' Limited Series 'Trans Realtors'

Gender X Films has debuted the first installment of director Jim Powers’ limited series "Trans Realtors."

Sage Makes Her WIFEY Debut

Sage stars with her husband Onyx and Parker Ambrose in the latest release from Vixen Media Group studio imprint WIFEY.

Candie Luciani, Reina O'Hara Lead World Cup-Themed Collab From Fit 18/Immoral Productions

Candie Luciani and Reina O’Hara star in a World Cup-themed collaborative release from Fit 18 and Immoral Productions.

Lawsuit Alleging Meta Pirated VMG Content Will Move Forward

A U.S. district court on Thursday rejected Facebook parent company Meta’s motion to dismiss a suit by Vixen Media Group owner Strike 3 Holdings, which accuses Meta of pirating VMG content to train its artificial intelligence models.

Elly Clutch Stars in Latest From Brazzers

Multi-XMAs winner Elly Clutch stars with Ricky Johnson in the latest release from Brazzers, titled "Rise & Grind."

Anti-Porn Senator Introduces Federal Age Verification Bill

U.S. Senator Jim Banks of Indiana, who last month urged the Department of Justice to ramp up obscenity prosecutions, on Wednesday introduced a bill that would make age verification by adult websites federal law.

Alanna Pow Stars in Latest From Brazzers

Alanna Pow stars with Dwayne Foxxx in the latest release from Brazzers, titled "Skin Tight and Fucked Right!"

Show More