FSC Denied Injunction in Utah Child Protection Registry Case

SALT LAKE CITY — U.S. District Judge Dale Kimball has refused to issue a temporary injunction that would prohibit the Utah Child Protection Registry site from operating before his court can hear the case in full.

Utah’s registry allows parents and others to register email addresses to which minors have "access," and then prohibits emails from being sent from anywhere in the world to those addresses that advertise "harmful matter" or products or services minors cannot purchase.

Emailers can pay a private company, Unspam Registry Services Inc., to "scrub" their lists at a cost of a 1/2 cent for every name $5 per 1,000 addresses, according to the registry’s rules.

In a 33-page ruling, Kimball said the FSC failed to meet its burden of “clearly and unequivocally establishing each element for the issuance of a preliminary injunction.”

In part, Kimball found that the FSC’s 1st Amendment and Commerce Clause-based arguments did not have a substantial likelihood of success. Under the law, those seeking preliminary injunctive relief must demonstrate that they have a substantial likelihood of success based on the merits of their case.

Adult entertainment attorney Reed Lee told XBIZ rulings on preliminary injunctions don’t always mirror final rulings.

“The judge has to make a prediction based on what he thinks the final outcome will be, but he has to weigh that against the potential harm to the parties,” Lee said. “In this case, I think the judge has simply overlooked some of the points we made.”

FSC Executive Director Diane Duke said the group was weighing its options.

“FSC is not content to let the CPR decision stand,” Duke said. “We have a number of avenues to consider, up to and including a victory in court.”

Duke added that she believes a recent federal court decision declaring the Child Online Protection Act (COPA) unconstitutional helps to buttress the FSC’s case against the Utah Child Protection Registry.

According to Lee, the case now moves into the discovery phase where both sides will work to develop a record of facts. Lee said he believes there is a good chance both sides can agree on the facts, which means that the Judge will simply need to rule on the law.

In the meantime, Lee said adult companies concerned that they may send an email in violation of the Utah law would have to operate with that risk in mind without an injunction.

Although Kimball did deny the FSC’s request for an injunction, he did rule in favor of the trade group by denying the state’s motion to dismiss. Attorneys for Utah had unsuccessfully tried to persuade Kimball that the FSC lacked standing to challenge the law on behalf of the adult entertainment industry.

The case is Free Speech Coalition vs. Shurtleff, No. 2:05-cv-00949.

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

Alexa Creed Launches New Paysite

Creator Alexa Creed has launched a new membership site through MyMember.site.

Choice Talent Management Launches Fan Platform 'ChoiceFilmz'

Choice Talent Management CEO Chris Crisco has launched a new fan platform called ChoiceFilmz.

Dredd to Launch Official Site

Dredd has announced his new website OfficialDreddXXX.com, launching April 20.

New Pleasure Product Review Site 'ToyChats' Launches

ToyChats.com, a pleasure product review and discussion site, has officially launched.

AEBN Reveals Jade Venus as Top Trans Star for Q1 of 2025

AEBN has named its top trans stars for the first quarter of 2025, with Jade Venus landing atop the leaderboard.

SexLikeReal Debuts 'AI Passthrough' Feature

SexLikeReal has introduced an AI Passthrough for video editing during VR livestreaming.

Ron Jeremy's Accusers Reach Settlement With Rainbow Bar & Grill

The Rainbow Bar & Grill has reached confidential settlements with a group of women who filed a negligence lawsuit against the Sunset Strip restaurant over alleged sexual assaults committed by Ron Jeremy, according to Rolling Stone.

Cherry Kiss, Jordan Starr Top AEBN for Q1 of 2025

AEBN has announced its top-selling stars for the first quarter of 2025, with Cherry Kiss landing atop the leaderboard for straight theaters and Jordan Starr heading up the gay rankings.

Sportsheets Joins FSC as Gold Member

Sportsheets has joined Free Speech Coalition (FSC) as a Gold-level member.

Age Verification Watch: Two End Runs, Two Failed Bills

Industry stakeholders and free speech advocates have anxiously been awaiting the Supreme Court’s decision in Free Speech Coalition v. Paxton, which could significantly impact state age verification laws around the country. In the meantime, state legislatures continue to weigh and pass AV bills, AV tech providers continue to tout their services, and legal challenges continue to play out in the courts — with some cases on hold pending the SCOTUS ruling in Paxton.

Show More