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 © 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

FSC Recommends Platforms Integrate StopNCII.org Tool

In a blog post, Free Speech Coalition (FSC) has recommended that platforms integrate the StopNCII.org tool to prevent the sharing of non-consensual intimate imagery (NCII).

Utah 'Porn Tax' Bill With VPN Provisions Passes State Senate

The Utah state Senate has passed a bill that would impose a 2% tax on the revenues of adult websites doing business in that state, and make sites liable if Utah minors use VPNs to circumvent geolocation.

Fast-Tracked Arizona Bill Includes Consent 'Catch-22' for Adult Sites

A bill advancing rapidly through the Arizona state legislature would impose new requirements for adult content uploaded online, including seemingly contradictory provisions that could effectively make it impossible for adult sites to operate in the state.

VirtualRealPorn Launches WebXR-Enabled Site

VirtualRealPorn has officially launched its new site, built on Web Extended Reality (WebXR) technology.

'MyAsianGFs' Launches Through Paysite.com

MyAsianGFs.com has officially launched through Paysite.com.

Corey Silverstein to Host Webinar on North Carolina Age Verification Thursday

Adult industry attorney Corey D. Silverstein has announced his latest "Legal Impact" webinar, titled "North Carolina AV Law — Content Creation Issues," to livestream Thursday at 4 p.m. (EST).

Ofcom Fines 8579 LLC $1.8 Million for AV Noncompliance

U.K. media regulator Ofcom on Monday imposed a fine of 1.35 million pounds (more than $1.8 million) against adult site operator 8579 LLC for failing to implement age checks as required for compliance with the Online Safety Act.

Pearl Industry Network Launches 'TrustLink' Creator Verification Platform

Trade group Pearl Industry Network (PiN) has launched TrustLink, its free creator verification platform.

UPDATED: Supreme Court Rejects Tariffs, Trump Responds

The U.S. Supreme Court on Friday ruled against the Trump administration’s sweeping tariffs, which have significantly impacted the pleasure industry, prompting the president to announce a new tariff strategy as a workaround.

FSC Updates Complaint in Tennessee AV Case, AG Motions to Dismiss

The Free Speech Coalition this week filed an amended complaint in its lawsuit challenging the Protect Tennessee Minors Act as unconstitutional, in response to which the Tennessee attorney general motioned for dismissal of the case.

Show More