UTAH – The American Civil Liberties Union (ACLU) of Utah admitted that it is giving “serious” consideration to filing a lawsuit to challenge a recent Utah anti-porn law.Additionally, Utah Rep. John Dougall (R-Highland) is trying to get the law spread to other states. Dougall has scheduled a meeting with Utah Attorney General Mark Shurtleff to discuss how other states might be convinced to adopt the legislation.
The law would requite Utah internet service providers (ISPs) to offer free porn filtering software to their customers. It would also require the government to maintain a registry of “harmful to minors” websites, and for Utah-based adult sites to self-rate their own websites. Contrary to some reports, the law would not require ISPs to block adult content for all users – only those users who request the service.
The ACLU has argued that the Utah law, signed recently by Governor Jon Huntsman Jr., is not the least restrictive means available for furthering the government’s interest in protecting children, and therefore is a violation of First Amendment rights. The organization said that any lawsuit would probably argue that the law violates the commerce clause and freedom of expression rights. The ACLU has pointed to court victories against similar laws in Pennsylvania and New Mexico.
Dougall, however, believes the Utah law is fundamentally different from its fallen brothers.
“We’re different because one, we’re saying it’s up to the consumer to say whether or not they want to filter,” Dougall said. “It’s not the government forcing them to filter. It’s up to them.”
If the law survives the expected court challenge, its forced website rating provision would take effect on May 1, 2006.
