Memorandum in Support of of Plaintiff Motion for Summary Judgment with ACLU Utah

In 2005, the Utah legislature enacted a broadly restrictive censorship law that imposes severe content-based restrictions on the availability, display and dissemination of constitutionally-protected speech on the Internet, on the grounds that such material may be “harmful to minors.”  The Utah law, Utah Code §§ 76-10-1206 and 76-10-1233 (the “Challenged Statutes”) is substantively indistinguishable from statutes of other states which, in the eight years preceding its enactment and in the six years since, have been struck down by seventeen federal judges in five judicial circuits.