SALT LAKE CITY (AP) – Utah is one step closer to demand that all cell phones and tablets sold in the conservative state should automatically block pornography after Republican governor signed legislation Tuesday that critics a significant invasion of freedom of speech.
Gov. Spencer Cox has said the measure would send an “important message” about preventing children from accessing explicit online content. The proposal is the latest step in Utah’s legislative campaign to curb porn availability.
The measure will not take effect until five other states enact similar laws, a provision added to allay concerns that it would be difficult to implement.
The American Civil Liberties Union of Utah said the bill’s constitutionality has not been sufficiently taken into account and it is likely to be challenged in court.
“This is another example of the legislature evading the constitutional ramifications of the legislation they are passing,” said ACLU attorney Jason Groth.
Critics of the measure, including adult film star Cherie DeVille, had called on the governor to veto the measure on the grounds that it could violate the rights of First Amendment residents.
Cox has said he is not too concerned about constitutional concerns as the proposal will not be implemented immediately.
Rep. Susan Pulsipher, the bill’s sponsor, said she was “grateful” that the governor had signed off on the legislation that she hopes will help parents avoid inadvertently exposing their children to pornography. She claims the measure is through the constitution because adults can deactivate the filters, but experts said it still raises some legal issues.
Proponents argue that the restriction is a critical step in helping parents keep explicit content away from children, especially as more children have their own electronic devices.
The fight against pornography is an ongoing issue for Utah lawmakers, who are primarily members of The Church of Jesus Christ of Latter-day Saints. Lawmakers have previously mandated warning labels for print and online pornography and declared porn a “public health crisis.” Church leaders have also drawn attention to what they consider to be the harm of pornography.
There is precedent for other states following Utah’s lead on porn restrictions – more than a dozen states have put forward similar resolutions to declare porn a public health crisis after Utah was the first to do so in 2016.
Eppolito is a corps member of the Associated Press / Report for America Statehouse News Initiative. Report for America is a national nonprofit service program that places journalists in local newsrooms to report on hidden issues.