Utah Child Protection Registry suit going to trial

Attorneys for the state were dealt a defeat Friday in their attempt to throw out a suit brought on by a coalition of adult-entertainment interests that wants to pull the plug on Utah's Child Protection Registry.

However, the state did win a small victory as well. In his ruling, U.S. District Judge Dale Kimball denied the state's motion to have the Free Speech Coalition's suit dismissed but also denied the Free Speech Coalition's motion to temporarily halt the registry.

In 2005 the Utah Attorney General's Office kicked off the Utah Child Protection Registry (www.kidsregistry.utah.gov) as a way for parents to register e-mail addresses, instant message names and cell phone numbers as off-limits for adult-oriented advertisements. Under the registry guidelines, sexually oriented businesses, as well as businesses that deal with alcohol and tobacco, are required under Utah law to check their e-mail lists against the registry and remove any that match. The state charges half a cent per e-mail to do this.

In November 2005, the Free Speech Coalition filed suit against Utah in federal court, claiming Utah's registry infringes on their First Amendment rights. The coalition is a trade association that reportedly represents over 300 members "involved in the production, dissemination, or production of sexually explicit non-obscene expression."

Attorneys for the state and UnSpam, the computer company contracted by the state to manage the registry, have argued that the registry allows parents to "protect the sanctity of their home."

The U.S. Justice Department also weighed in, saying the federal CAN-SPAM Act does not prevent Utah from setting up its registry.

State attorneys also sought to have the case thrown out by arguing that the Free Speech Coalition lacked legal standing to bring the suit because the coalition itself was not likely to run afoul of the state's registry.

In Friday's ruling, Kimball pointed out that the Free Speech Coalition does send out newsletters with updates concerning the adult-oriented industry, which could violate Utah's registry law if it were sent out to a minor. Because of this potential, Kimball said the coalition did have standing to bring the suit.

The coalition also sought to halt the registry pending the outcome of its suit. Kimball ruled that the interests of Utah parents to prevent the permanent harm of exposing their children to pornography cannot be outweighed by the adult-oriented industry's economic loss if companies were to be fined by the state.

The suit is expected to continue to move forward toward trial.

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E-mail: gfattah@desnews.com