YNOT – Contrary to the opinion of Utah legislators, a federal judge has ruled adults on social networks and blogs don’t need to warn potential viewers when content they post may not be suitable for children.
On Thursday, U.S. District Judge Dee Benson signed an order overturning a 2005 state statute that required those who post to websites, blogs and social networks label all adult-to-adult communication or face prosecution in Utah. The reasoning behind the law, according to legislators, was that enforcing labeling would keep children from stumbling upon content they shouldn’t see.
The American Civil Liberties Union of Utah, the Center for Democracy and Technology, the Media Coalition, artist Nathan Florence, trade associations, graphic novel publishers and librarians joined forces to sue on the basis the law violated free-speech rights. In 2006, the U.S. District Court for Central Utah enjoined the law’s enforcement.
In 2007, the statute was amended, but the plaintiffs argued the revised version still barred perfectly legal visual materials. Another amendment in 2008 also failed to solve the law’s problems, according to the plaintiffs, who by then had added concerns about banning materials addressing human sexuality and health issues, particularly those affecting the LGBT community.
Benson’s Thursday order, delivered without a written opinion, resulted from an agreement between the plaintiffs and the state that the majority of the law would be scrapped. The order allows to stand portions of the statute that mandate prosecution for anyone who intentionally sends “harmful to minors” material to minors or persons whose age is unknown.
“This declaratory judgment makes clear that adult-to-adult communications on the internet and through other electronic means cannot be restricted simply because minors also access the internet and other electronic communications,” said David Horowitz, executive director of the Media Coalition.
Center for Democracy and Technology Policy Counsel Emma Llansó added, “This judgment brings the Utah law into line with 15 years of legal precedent protecting the constitutional rights of adults to access lawful content online. It also underscores that the best approaches to protecting children online rely on user empowerment tools.”
In addition to invalidating the law, the judge ordered the state to pay the plaintiffs’ legal bills.
