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Speech that adults have a First Amendment right to receive but that minors do not - Plaintiffs filed this lawsuit arguing that the broadly worded Utah law violates the First Amendment by prohibiting lawful adult-to-adult communications on the Internet simply because a webpage or blog may be seen by a minor, while also compelling online speakers to label or rate such content. Similar overbroad statutes in other states have been held unconstitutional, or have been limited by the courts in a manner similar to the judgment entered in this case.

Plaintiffs’ counsel worked out an agreement with Utah Attorney General Mark Shurtleff on how the law would be implemented. Yesterday’s order makes clear that the only people who can be prosecuted under the statute for electronic communications are those who intentionally send “harmful to minors” materials to a specific individual known or believed to be a minor, or who send such material to a minor having negligently failed to determine the age of the recipient.
FOR IMMEDIATE RELEASE CONTACT: (212) 549-2666; SALT LAKE CITY — People cannot be prosecuted for posting content constitutionally protected for adults on generally-accessible websites, and are not required by law to label such content that they do post, U.S. District Judge Dee Benson held yesterday. Judge Benson’s order was issued in a lawsuit challenging a Utah law that threatened the free speech rights of online content providers ...
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