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 © 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

Australian Conservatives Raise Concerns About US-Born Online Censor

Long after progressive free speech advocates in Australia questioned E-Safety Commissioner Julie Inman Grant over her campaigns to target adult content, conservatives and libertarians are now raising concerns about the powers granted to the country’s top censor — an unelected former tech exec born in the U.S. — with some calling for her ouster.

Kylie Rocket, Vanessa Sky Headlines 2nd Installment of Seth Gamble's 'Luminati'

LucidFlix has released the second installment of "Luminati," the new cinemacore directing collaboration between reigning XBIZ Performer of the Year Seth Gamble and Siren Obscura, starring Kylie Rocket and Vanessa Sky.

Dorcel Debuts New Volumes of 'Luxure,' 'Girls at Work'

Dorcel has released the latest volumes of its "Luxure" and "Girls at Work" series.

Cupcake Girls, Aylo Partner on Educational Video Series for Performers

The Cupcake Girls and Aylo have teamed up to produce a series of educational videos focused on safety standards for adult performers.

Adult Time Signs Tommy Pistol as New Brand Ambassador

Adult Time has signed Tommy Pistol as its new brand ambassador.

Lana Smalls Is Nubiles' May 'Flavor of Month'

Nubiles has selected Lana Smalls as its Flavor of the Month for May and spotlighted her in a Star Wars-themed scene with Parker Ambrose.

Betzz Is Nubiles' 'Fantasy of the Month' for May

Nubiles has selected Betzz as its Fantasy of the Month for May, spotlighting her in a scene with Nick Ross.

Eva Maxim Stars in Latest From GroobyVR

Eva Maxim stars in the latest release from GroobyVR, directed by Buddy Wood.

Kendra Sunderland Returns to Ricky's Room

Kendra Sunderland returns to Ricky's Room in "Lucious Lavender Haze."

Leah Hayes Makes Her TransAngels Debut

Leah Hayes has made her debut for TransAngels with Arno Antino in "Big Tip for the Coat Check Hottie."

Show More