SALT LAKE CITY — U.S. District Court Judge David Barlow on Thursday granted a preliminary injunction, blocking Utah from enforcing its new age-verification law for adult content websites. This decision, siding with Aylo Freesites, the owner of Pornhub, means the state's regulations regarding access to adult content will not be put into effect while the legal challenge against them continues.
Aylo had sought the injunction, arguing in court that the law passed by the Utah State Legislature was problematic. The adult content company contended that while the law aimed to require age-verification for adult content access within Utah, it also targeted Virtual Private Networks (VPNs). These VPNs can make it appear as if a user is located outside Utah or even in another country. Aylo expressed concerns in arguments made in July, citing fears of both civil and criminal liability under the law. The company also argued that the statute could infringe upon the rights of individuals located outside Utah and across the globe.
In his order, Judge Barlow explained his decision, noting that Aylo was "likely to succeed on the merits" of its case. He also found that Aylo had demonstrated "irreparable harm" if the law were to be enforced, and that "the equities favor an injunction." The judge specifically characterized Utah's law as vague, stating that Aylo was correct in its concerns about the law's implications.
Judge Barlow elaborated that if the Legislature's original intent was to include specific geolocation requirements when it passed the reasonable age verification provision, that intent was not clearly expressed within the statutory language. Consequently, the court, in giving effect to the actual-location provision and its amending language, interpreted the provision as the basis for an entity’s geolocation requirements. As a result, the judge found that the law, as amended, "now essentially imposes strict liability" on companies like Aylo when they attempt to determine the location of their website users. This legal interpretation underscores the potential burden and risk the law places on adult content providers.
This preliminary injunction means that Utah's age-verification law will not be enforced at all while the case proceeds toward a full trial. This outcome could have implications for numerous other adult-content websites operating within or accessible from Utah. Prior to Judge Barlow's ruling on the injunction request, both Aylo and the state of Utah had already reached an agreement not to enforce the law. Separately, Pornhub and other similar adult content platforms had previously blocked Utah IP addresses. This action, taken as a form of political protest, was a response to anti-pornography laws that the state legislature had passed.
Aylo did not immediately respond to an email request for comment on Thursday night following the ruling. Similarly, a spokesperson for Utah Attorney General Derek Brown did not immediately respond to a text message seeking comment regarding the decision.
