american civil liberties union of utah

June 9, 2005

ACLU of Utah Challenges Unconstitutional Restrictions on Internet Speech
Citing free speech and interstate commerce violations, the American Civil Liberties Union of Utah along with Utah businesses, national trade associations, and individuals, filed a federal lawsuit today challenging the constitutionality of a state law meant to restrict children’s access to material on the Internet.

“This law has nothing to do with the laudable goal of protecting children,” said Wesley Felix, a shareholder at the Salt Lake City law firm of Bendinger, Crockett, Peterson, Greenwood & Casey and the ACLU of Utah cooperating attorney in the case. “Not only does it fail to accomplish its stated objective, but it casts such a wide net that a lot of valuable and perfectly legal speech will be unnecessarily burdened or restricted.”

Under the law, which was passed during the 2005 session of the Utah State Legislature, Utah Internet content providers must evaluate and rate their speech, at the risk of criminal punishment. The law also requires the Utah Attorney General to create a public registry of Internet sites worldwide containing “material harmful to minors”—speech that is unlawful to intentionally distribute to minors but that is constitutionally protected for adults.

Plaintiffs include local Internet service providers, booksellers, an artist, and members of the national Media Coalition.

Read more about the case >>

Get a copy of the lawsuit >>

More background information from the ACLU of Utah 2005 Legislative Report >>


Come Visit Us This Weekend at KRCL Day in the Park and Pride Day
This weekend, the ACLU of Utah is pleased to participate in two Salt Lake City events. On Saturday, June 11, visit our booth at KRCL Radio’s Day in the Park celebration in Jordan Park (1060 South 900 West). On Sunday, June 12, we’re moving over to the Utah Pride Day Festival in Salt Lake City’s Library Square (210 East 400 South). Support one or both of these great events and be sure to stop by and say hello to your friendly ACLU of Utah representatives.

Find out more about KRCL’s Day in the Park >>

Find out more about the 2005 Pride Day Festival >>


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Call Congress Today to Stop Expansion of the PATRIOT Act
This week, thousands of people across America are participating in the ACLU’s campaign Light Up the Phones Week by calling members of Congress to speak out against the expansion of the PATRIOT Act.

Some of the PATRIOT Act’s flawed provisions are set to expire at the end of the year. But President Bush wants to make them permanent, and the House and Senate have been holding hearings in preparation for votes that are expected this month and next. We have less than two months to stop the Bush Administration’s PATRIOT Act expansion plans.

Specific sections of the PATRIOT Act that are set to expire at the end of the year and that should not be made permanent are:

Section 213, which expands the government’s ability to conduct secret searches. Agents can break into your home using a “sneak and peek” court warrant, rifle through your things, download computer files, take DNA samples, and even seize property, all without telling you for an indefinite period of time.

Section 215, which allows the FBI to obtain orders from a secret court in Washington to seize your records in the hands of third parties, such as doctors, libraries, hotels, or any other institution that keeps records on our health, wealth, and other transactions of daily life. These orders can be obtained without probable cause or specific facts connecting the records to a foreign agent. Additionally, the recipient of one of these orders is barred from telling anyone about it.

Help restore the checks and balances on executive branch authority that have been severely eroded over the past few years, and ensure that Congress and the courts are able to keep the federal government from abusing its power.

Your members of Congress are accountable to you, their constituent, and they’ve got to hear from every American who knows that the PATRIOT Act erodes our fundamental privacy and due process rights.

Call your representatives in Congress today and defend your rights:
  • Senator Bob Bennett at
    (202) 224-5444
  • Senator Orrin Hatch at
    (202) 224-5251
  • Representative Rob Bishop at
    (202) 225-0453
  • Representative Chris Cannon at
    (202) 225-7751
  • Representative Jim Matheson at
    (202) 225-3011 or toll free
    (877) 677-9743

Visit http://reformthepatriotact.org to tell us how your calls went, get more information about the PATRIOT Act, and become more involved >>

The Constitution grants the government its power and the Bill of Rights restricts that power and guarantees individual rights and liberties. The ACLU of Utah works to ensure that our government respects these limits.

The Activist is the email newsletter of the ACLU of Utah Union, 355 North 300 West, Salt Lake City, UT 84103