SALT LAKE CITY—Yesterday, a U.S. District Court for the District of Utah dismissed only one of NetChoice’s counts in our lawsuit, NetChoice v. Reyes. This suit is against SB 194, which violates Utahns’ constitutional rights, eviscerates their data security, strips them of their privacy, and hurts the state’s vibrant innovation economy.
Only one potential argument for one claim was dismissed. NetChoice v. Reyes is still active, and our First Amendment and other federal preemption claims, including under COPPA and Section 230 for other arguments, are still moving forward.
“This lawsuit has always been and will always be about protecting the First Amendment. This law conditions Utahns’ right to share and receive information online on their willingness to hand over their most sensitive, personal data, which violates their First Amendment rights. We look forward to seeing Utah in court in August,” said Chris Marchese, NetChoice Litigation Center Director.
Marchese continued: “Laws like Utah’s also come at great risk to kids’ cybersecurity, as government mandates to hoard children’s data will put them at far greater risk of attack and abuse from scammers and predators. Taking away parents’ and guardians’ authority and choice while forcing them to hand over personal information to access information is dangerous and unconstitutional.”
Read the Court’s decision here, why age-gating mandates like Utah’s are a cybersecurity disaster here, and learn more about NetChoice v. Reyes here.
Please contact press@netchoice.org with inquiries.