Pornhub blocked access to its site in Utah in response to the new law.
Wednesday saw the filing of a lawsuit challenging a new legislation in Utah that mandates the use of age verification software by porn websites to prevent access to their sites by children.
On Wednesday, Utah became the second state to enact legislation mandating that pornographic websites verify the age of visitors using an independent agency or digital ID. Lawmakers said that additional safeguards were required to protect children from pornography, which is readily available online, comparing the law to those for alcohol and online gambling.
The complaint includes the Free Speech Coalition, an erotica author, and businesses that operate pornographic websites. They argue that Utah’s new rule invades the privacy of those who wish to read sexually explicit content and unfairly targets particular forms of expression. The plaintiffs have requested that the rule’s enforcement be stayed pending the outcome of their action before a federal judge.
According to them, the legislation “imposes a content-based restriction on protected speech that requires narrow tailoring to serve a compelling state interest.”
It is illegal under federal law to show pornographic material to minors, yet this legislation is rarely enforced.
The new rule in Utah is the latest move by the conservative state to restrict access to pornographic content. It’s consistent with the other measures legislators have taken to restrict the time kids spend online. It follows the passage of a similar law in Louisiana within the past year and the consideration of similar legislation in other states.
Utah’s Republican-controlled legislature, where the majority of lawmakers are adherents of the Latter-day Saint faith, has been seeking to outlaw porn for years. The culmination of such efforts is this statute. Utah was the first state seven years ago to recognize pornography as a threat to public health. Lawmakers authorized the use of porn filters on internet-connected children’s devices two years ago. Some provisions of the law require the passage of similar legislation in at least five additional states before they can take effect.
There is a lot of backlash on the age verification law. This week, one of the largest porn sites, Pornhub, shut down access to its site in the state of Utah.
Similar lawsuits have been filed by the Free Speech Coalition before. The U.S. Supreme Court heard a case challenging a federal law prohibiting child pornography in 2002 and struck down provisions of the law that impeded on free expression.