FSC Petitions 10th Circuit for Review of Utah AV Dismissal

FSC Petitions 10th Circuit for Review of Utah AV Dismissal

SALT LAKE CITY — Free Speech Coalition (FSC) on Wednesday petitioned the United States Court of Appeals for the 10th Circuit to review a decision handed down earlier this month by a three-judge panel of the same appeals court, which denied FSC the right to challenge Utah’s controversial age verification law by suing state officials.

That previous ruling represented the view of two judges out of the three. The new petition is for an en banc rehearing of the case, meaning that the challenge would be heard by all judges of the 10th Circuit, rather than just the smaller panel.

As XBIZ reported following that ruling, the 10th Circuit panel affirmed a district court’s motion to dismiss Free Speech Coalition v. Anderson, the industry trade association’s challenge to Utah’s SB 287 — the state’s version of the age verification laws promoted by religious conservatives throughout the country.

The panel’s rejection of the FSC appeal was not a ruling on whether the state’s age verification mandate itself is constitutional, but only about whether the group could challenge the statute by suing those public officials, whom FSC argues are closely tied to implementation and enforcement of the law.

FSC justified its new filing by citing, in a statement, what it called the “impassioned and well-reasoned dissent” by Judge Gregory A. Phillips, in which Phillips “argued that the court should have allowed the case to continue against Utah’s Commissioner of Public Safety.” 

According to the petition, in the Oct. 1 decision, the majority finding — that Utah’s attorney general and commissioner of public safety are not responsible for enforcement of the law, and therefore cannot be sued by FSC over it — conflicts with both 10th Circuit and Supreme Court precedent.

FSC Executive Director Alison Boden stated that Phillips’ dissent raised key constitutional issues that merit review by the full 10th Circuit. 

“These laws are having a significant chilling effect on the rights of adult businesses and consumers, and the state has a significant role in enforcement,” said Boden.

Industry attorney Corey Silverstein told XBIZ the while he supports FSC’s “tireless efforts in combating Utah’s outrageous and unconstitutional age verification law — a fight that the adult industry cannot and should not give up on and which should be supported by the entire adult industry,” he believes the chances of the 10th Circuit granting the en banc petition are low.

“Statistically the 10th Circuit grants less than 3% of such petitions,” he explained. “Also, the trial court had dismissed the lawsuit on a very procedural issue that rarely makes it to an en banc review.”

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

Arizona Governor Vetoes 'Protect Act' With New Consent Provisions

Arizona Governor Kate Hobbs on Friday vetoed HB 2133, the “Protect Act,” which would have imposed new requirements for adult content uploaded online.

Brazil Begins Monitoring 18 Adult Sites for AV Compliance

Brazil’s National Data Protection Authority (ANPD) is now monitoring 18 high-traffic adult websites for compliance with the country’s Digital Statute for Children and Adolescents (Digital ECA), which requires such sites to age-verify users located in Brazil.

Ofcom Fines First Time Videos $100,000 for AV Noncompliance

U.K. media regulator Ofcom on Thursday imposed a fine of 80,000 pounds (more than $100,000) against First Time Videos, which operates FTVGirls.com and FTVMilfs.com, for failing to implement age checks required for compliance with the Online Safety Act.

Curves Ahead: How BBW Creators are Turning Differentiation Into Competitive Advantage

For centuries, curves have been celebrated as a symbol of beauty, sensuality and power. From the soft opulence of Rubens paintings to the glamorous silhouettes of pinup icons, fuller figures have long occupied a place in art, fashion and fantasy.

Woodhull Freedom Foundation to Host Virtual 'Pride' Edition of 'Fact Checked' Series

Woodhull Freedom Foundation is hosting a Pride Month virtual edition of its series “Fact Checked by Woodhull.”

'InMelanin' Relaunches Through PAYSITE

InMelanin.com has officially relaunched through PAYSITE.

Pearl Industry Network Partners With Takedown Piracy

Industry trade group Pearl Industry Network (PiN) has officially partnered with Takedown Piracy.

Hollywood Reporter Spotlights XBIZ Miami in Feature on Fan Platforms

Last month's XBIZ conference serves as the setting for a new Hollywood Reporter feature examining the competitive fan platform market.

F2F, Image Angel Launch 'Forensic Watermarking' for Traceability

Friends2Follow (F2F) and Image Angel have partnered to launch a new traceability solution to combat unauthorized content sharing with the use of forensic watermarks.

EU Court: France Can Require Foreign Sites to Implement AV

The European Union’s Court of Justice ruled on Tuesday that France may require pornographic websites based in other EU states to implement age verification in accordance with French law, as long as France follows EU electronic commerce rules.

Show More