Porn companies sue Utah over law requiring age verification
SALT LAKE CITY (KTVX) - A trade group based in California representing the adult entertainment industry filed a lawsuit on Wednesday against the State of Utah, calling its age-verification law unconstitutional.
The lawsuit was filed in a federal court by Free Speech Coalition, a not-for-profit trade association that helps filmmakers, producers, internet providers and other creative artists fight against censorship. A Utah-based erotica author, an unnamed adult entertainment attorney, sexual content creators and companies are also listed as plaintiffs.
Senate Bill 287 was passed unanimously and signed by Utah Legislature and Governor Cox earlier this year. It officially went into effect on Wednesday, May 3. The law requires adult sites to use an age verification system, such as proof of identification through an independent third-party service.
The bill was written in the interest of protecting minors from "harmful materials," such as pornography.
Free Speech Coalition argues Utah's age-verification law violates the constitutional rights of free speech and privacy. The lawsuit also claims the new law would be ineffective as there are alternate ways to access "harmful" content, such as the use of virtual private networks (VPNs).
Free Speech Coalition Executive Director Alison Boden backed the lawsuit with an open letter addressed to the bill's sponsor, Utah State Senator Todd Weiler (R-Woods Cross). Boden said she was concerned with the bill saying it was vague and that after consulting over a dozen lawyers she admitted she was "stumped."
"We are concerned that because the bill is unclear on which approaches are approved, it is possible that different courts could interpret the law in different ways," Boden wrote. "Without unambiguous guidance, we fear that even sites that make a good-faith effort to comply risk being sued, even if they are using more aggressive methods of age verification."
Boden also called into question if other sites such as Twitter and Reddit, which also hosts "harmful content" would be affected by the law. Boden also said that her offer to help draft a "technologically sound" law still stands - an offer she extended while the bill was in legislation.
On Twitter, Sen. Weiler responded with an image of text from the bill detailing "reasonable age verification methods," saying, "Does this sound vague to anyone else?"
KTVX has reached out to Sen. Weiler for comment on the lawsuit.
The lawsuit was filed just a day after Pornhub blocked Utah traffic to its website in protest of the law. The site argued that by keeping people from accessing Pornhub, people will be driven to sites that won't comply with the law which could be more dangerous for children and adults alike.