FSC Issues Statement on Utah Adult Warning Label Bill

FSC Issues Statement on Utah Adult Warning Label Bill

LOS ANGELES — The Free Speech Coalition (FSC) has released a statement regarding Utah HB243, which would require all adult content in the state to include a warning label. The bill has now passed both the Utah House and Senate.

The trade organization's statement follows:

The Utah legislature is attempting to pass a new law, HB243, that would require all obscene material distributed in the state to come with a five-second warning label stating that such material “may damage or negatively impact minors.” Anyone who does not comply can be sued by the Attorney General of Utah, for a penalty of $2500 per violation.

Despite changes to the bill, HB243 remains a land mine of First Amendment issues. Affixing a state-mandated warning to an adult film, which enjoys First Amendment protections, is fundamentally different from doing the same to a food product, which does not. 

The bill’s author, Rep. Brady Brammer, says that the labelling law will only apply to ‘obscene’ content. However, there is no established legal definition for obscenity — each case would have to be worked out through a lengthy and expensive legal process. However, the chilling effect on legal speech would be substantial.

HB243 is remarkably similar to a 2005 Utah labeling bill, HB260, which was struck down in 2012 after a costly seven-year court battle. In the ensuing case, Florence v. Shetloff, a federal judge ruled that Utah could prosecute a person in communication with a specific minor, but could not prosecute generally accessible websites. We don’t know why the State of Utah would want to waste precious time and taxpayer dollars fighting an already-decided battle.

FSC supports the limiting of adult content to adults. That’s why we’ve worked closely with adult content filters to register adult content, and why adult sites carry the Restricted to Adults Label, which allows them to be easily blocked. If Rep. Brammer wants to limit access of adult content by minors, consumer filters are a much more effective solution — and one that doesn’t trample First Amendment protections.

Find the FSC online and follow the org on Twitter.

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

OpenAI Shuts Down AI-Generated Porn Rumors

A spokesperson for OpenAI, the company behind ChatGPT, has shut down online chatter about how a rumored relaxation of the company’s stance against AI-generated NSFW content may result in a lifting of its porn ban.

9th Circuit Upholds Verdict Against Oregon College for Discriminating Against Former Adult Performer

The 9th U.S. Circuit Court of Appeals on Monday upheld a 2022 Oregon jury’s verdict in favor of Nicole Gililland, a former nursing student who sued her school for discriminating against her because of her adult performer past.

Former Trump Staffer, Project 2025 Advisor John McEntee Predicts a Total Porn Ban

John McEntee, senior advisor to the Heritage Foundation’s Project 2025 and a former key figure in the Trump administration, is predicting an eventual full ban on pornography, claiming that once it is enacted, “this country will flourish.”

Vendo Launches 'Pay by Bank' Service

Vendo has launched its new Pay by Bank checkout system.

CrakRevenue Taps Maxime Bergeron as New CEO

CrakRevenue has appointed longtime staffer Maxime Bergeron as the company's new CEO.

Clips4Sale Adds 'Spatial Video' Category

Clips4Sale (C4S) has debuted a “spatial video” category for the next generation of VR and AR devices.

Lemon Social Launches Educational Program, 'Metaverse' Feature

Premium fan platform Lemon Social has debuted an "Adult Content University" program and a "Lemon Social Metaverse" feature.

Australian Conservatives Raise Concerns About US-Born Online Censor

Long after progressive free speech advocates in Australia questioned eSafety 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.

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.

My.Club Appoints Nicole Aniston as New Brand Ambassador

My.Club has named Nicole Aniston its newest brand ambassador.

Show More