SALT LAKE CITY — In what appears to be the most invasive violation of constitutional rights in several years, Utah Gov. Spencer Cox signed House Bill (HB) 72 into law mandating that every cell phone and tablet sold in the state must have preinstalled porn filtering software.
The Associated Press reported that Gov. Cox signed the bill to minimal fanfare on Tuesday. Anti-porn advocacy groups and religious entities have applauded the signing of HB 72.
Utah has operated under assumption that porn is a public health crisis. Despite all of the debunked claims suggesting such a crisis, the Republican-dominated state managed to unilaterally implement measures to curb the accessibility of consensual porn content.
House Bill 72, which was first introduced to the state legislature by Republican Rep. Susan Pulsipher, is merely the latest action taken by lawmakers to follow through with this manufactured and and artificial crisis.
Gov. Cox, upon signing the bill, said that the bill sends an “important message” about the state’s goals to prevent the accessibility of porn — especially among minors. Unfortunately, the bill and its backers — now including Gov. Cox — have opened a Pandora’s box of unconstitutional precedents other ultraconservative states could also adopt.
The American Civil Liberties Union (ACLU) of Utah is one of the highest profile civil libertarian organizations in the state to highlight coming negative impacts HB 72 could have on free speech and the First Amendment.
ACLU attorney Jason Groth told AP that the constitutionality of the bill wasn’t fairly considered and could result in a court showdown. Groth said that HB 72 “is another example of the Legislature dodging the constitutional impacts of the legislation they pass.” A tweet from the ACLU of Utah also said that the new rule “infringes upon the general public’s First Amendment rights to freely access the internet.”
In addition to the criticism from the ACLU, industry members and observers pleaded with the governor to repeal the bill. For instance, critically acclaimed adult film star Cherie Deville also penned an open letter for The Daily Beast urging Gov. Cox to repeal the bill.
“Porn is far from the most dangerous aspect of cellphones for kids,” DeVille wrote in her letter, citing studies that link cellphone use to an increase in children’s depression.
Other entities that opposed the bill include technology industry groups and other First Amendment advocates. Since HB 72 mandates preinstalled filtering software for new mobile devices, the supply chain issues this would cause were clearly not considered. NetChoice, a trade group representing major tech firms, said that the bill is unconstitutional on commerce grounds, along with the restrictions on freedom of expression.
To make matters more complicated, Gov. Cox openly recognized his lack of concern for constitutional challenges in state and federal courts. He said that even if the bill is unconstitutional, the state will worry about it later when the law actually enters force in 2022.
Readers can expect more news about the rollout of this new law, and how it will do in court. HB 72 is poised for a constitutional challenge, especially if it violates existing case law set by benchmark US Supreme Court rulings like Reno v. ACLU.
