SALT LAKE CITY (AP) – Utah is one step closer to requiring all cellphones and tablets sold in the conservative state to automatically block pornography after the Republican governor signed a law on Tuesday that critics consider a significant intrusion of freedom of expression.
Governor Spencer Cox said the move would send an “important message” about how to prevent children from accessing explicit online content. The proposal it is the latest move in Utah’s legislative campaign to limit the availability of pornography.
The measure will not take effect unless five other states enact similar laws, a provision that has been added to address concerns that would be difficult to implement.
The American Civil Liberties Union of Utah said the constitutionality of the bill was not properly considered and is likely to be discussed in court.
“This is another example of the Legislature evading the constitutional impacts of the legislation they pass,” said ACLU attorney Jason Groth.
Critics of the measure, including adult film star Cherie DeVille, asked the governor to veto the measure because it could violate the rights of First Amendment residents.
Cox said he is not so concerned about constitutional issues because the proposal will not be enacted immediately.
Deputy Susan Pulsipher, the project’s sponsor, said she was “grateful” that the governor signed the legislation, which she hopes will help parents prevent their children from being unintentionally exposed to pornography. She says the measure passes constitutional assessment because adults can disable filters, but experts said it still raises several legal issues.
Supporters argue that the restriction is a critical step in helping parents to keep explicit content away from children – especially since more children have their own electronic devices.
Fighting pornography is a perennial issue for Utah lawmakers, who are predominantly members of The Church of Jesus Christ of Latter-day Saints. Lawmakers have already demanded warning labels in print and online pornography and have declared pornography to be a “public health crisis”. Church leaders also drew attention to what they see as the harms of pornography.
There is some precedent for other states to follow Utah’s example of restrictions on pornography – more than a dozen states have moved forward with similar resolutions to declare pornography a public health crisis after Utah became the first to do so in 2016.
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Eppolito is a member of the Associated Press / Report for America Statehouse News Initiative. Report for America is a national nonprofit service program that puts journalists in local newsrooms to report on covert issues.