Legal Challenge Stalls Utah Porn Law

SALT LAKE CITY — Utah’s attorney general has paused implementation of a controversial law that would require Internet service providers to block access to adult websites and provide filtering software upon a customer’s request.

Attorney General Mark Shurtleff said he made the decision to back off from implementing the law after he was informed by the Utah chapter of the ACLU that a coalition of civil rights lawyers planned to challenge it in the state court within the next several weeks.

John Morris, attorney for the the Washington-based Center for Democracy and Technology, which is helping to draft the suit, told XBiz that the Utah law is unconstutitional on several grounds.

"Service providers are not able to comply without unconstitutionally trampling on free speech," Morris told XBiz.

According to Morris, the suit also will claim Utah’s anti-adult law violates the commerce clause of the U.S. Constitution because it effects companies outside of Utah. "Every state that has attempted to regulate content on the Internet has fallen on the commerce clause," Morris said. "Only Congress can regulate what is essentially an interstate medium."

“All the Legislature really accomplished is forcing the state of Utah to spend money to defend a law that will be overturned,” Morris said.

Morris added that there are technical questions as to whether an ISP could actually block certain sites for only one customer.

New York attorney Michael Bamberger, who has represented both Playboy and Penthouse in the past, also is contributing to the legal challenge.

In most cases, such a suit would result in a temporary restraining order against the law being challenged, meaning any work done in the meantime could wind up being a waste of taxpayer dollars.

But Shurtleff said that if a judge tells him the case will be heard without a restraining order, he will press ahead on the law.

In addition to forcing ISPs to block adult sites, the law also requires sites to carry labels stating their content is harmful to minors.

The state Legislature earmarked $250,000 for implementation of the law, which was passed in March. Shurtleff said a portion of that money would be used to hire an investigator to help compile a list of adult sites accessible via Utah ISPs.

Copyright © 2025 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 Announces 2025 Board of Directors Election Nominees

The Free Speech Coalition (FSC) has announced the nominees for its 2025 Board of Directors election.

AdultHTML Launches Black Friday Web Design, Development Promo

AdultHTML has launched its annual Black Friday/Cyber Monday promo for web design and development, running through Dec. 5.

Canada Exempts Online Adult Content From 'CanCon' Quotas

The Canadian Radio-television and Telecommunications Commission (CRTC) has updated its broadcasting regulatory policies, exempting streaming adult content from “made in Canada” requirements that apply to other online material.

Creator Law Firm 'OnlyFirm' Launches

Entertainment attorney Alex Lonstein has officially launched OnlyFirm.com for creators.

German Court Puts Pornhub, YouPorn 'Network Ban' on Hold

The Administrative Court of Düsseldorf has temporarily blocked the State Media Authority of North Rhine-Westphalia (LfM) from forcing telecom providers to cut off access to Aylo-owned adult sites Pornhub and YouPorn.

FSC: NC Law Invalidating Model Contracts Takes Effect December 1

The Free Speech Coalition (FSC) announced today that North Carolina's Prevent Exploitation of Women and Minors Act goes into effect on December 1.The announcement follows:

NYC Adult Businesses Seek SCOTUS Appeal in Zoning Case

Attorneys representing a group of New York City adult businesses are asking the U.S. Supreme Court to hear an appeal of a lower court’s decision allowing enforcement of a 2001 zoning law aimed at forcing adult retail stores out of most parts of New York City.

Ofcom Investigates More Sites in Wake of AV Traffic Shifts

U.K. media regulator Ofcom has launched investigations into 20 more adult sites as part of its age assurance enforcement program under the Online Safety Act.

MintStars Launches Debit Card for Creators

MintStars has launched its MintStars Creator Card, powered by Payy.

xHamster Settles Texas AV Lawsuit, Pays $120,000

Hammy Media, parent company of xHamster, has settled a lawsuit brought by the state of Texas over alleged noncompliance with the state’s age verification law, agreeing to pay a $120,000 penalty.

Show More