In 2023, the Utah legislature and Governor Spencer Cox took up the important issue of kids online safety. While their effort was well-intentioned, the path they chose violates the constitutional rights of all Utahns, their children and their businesses, compromises their data security and strips away their parental rights.
NetChoice sued the State of Utah to stop this package from going into effect on March 1, 2024. After we launched our initial lawsuit, the state legislature reconvened and unfortunately doubled down with a new unconstitutional bill, SB 194, which hampers Utahns’ privacy and security and infringes their First Amendment rights.
The U.S. District Court granted NetChoice’s request for a preliminary injunction on September 10, 2024, noting that “NetChoice has shown it is substantially likely to succeed on its claim the Act has ‘no constitutionally permissible application’ because it imposes content-based restrictions on social media companies’ speech” (p.18).
NetChoice has successfully obtained injunctions temporarily halting laws that fail kids, parents and free expression in California, Arkansas, Ohio, Mississippi, Texas and Utah.
It didn’t have to be this way. NetChoice has been repeatedly speaking with Utah lawmakers about these problems since the original laws were introduced in the legislature. Other states, like Florida and Virginia, passed bills in 2023 that embrace a positive approach for digital literacy. Unfortunately, Utah’s government took a path that seizes control of the online experience from parents, disregards the importance of education, sidelines the state’s vibrant creator economy, compromises data security and violates constitutional rights.
Utahns do not have to choose between their constitutional rights, parental rights, cybersecurity, kids’ safety or economic engine.
With NetChoice v. Reyes, we will fight to ensure that Utah’s Invasion of Privacy Act is halted.
Chris Marchese – Director of the NetChoice Litigation Center
Paul Taske – Associate Director of Litigation
Court Filings
NetChoice Complaint, filed December 18, 2023, in the United States District Court for the District of Utah—Salt Lake Division
NetChoice Request for a Preliminary Injunction, filed December 20, 2023, in the United States District Court for the District of Utah—Salt Lake Division.
NetChoice updated complaint, filed May 3, 2024, in the United States District Court for the District of Utah—Salt Lake Division.
The State filed is motion to dismiss Count VI of NetChoice’s complaint on May 31, 2024.
The U.S. District Court granted the State’s motion to dismiss Count VI of NetChoice’s complaint on July 24, 2024.
The U.S. District Court granted NetChoice’s request for a preliminary injunction on September 10, 2024.
NetChoice filed its amended motion for preliminary injunction on May 3, 2024.
The State filed its opposition to the preliminary injunction motion on May 31, 2024.
NetChoice filed its reply brief on July 12, 2024.
NetChoice filed supplemental briefing on July 17, 2024.
THe State filed supplemental briefing on August 9, 2024