Free Speech Coalition Petitions Appeals Court for En Banc Review in Utah Case

Free Speech Coalition has petitioned the US Court of Appeals for the 10th Circuit for an en banc review of state’s Motion to Dismiss granted by the US District Court and later reaffirmed by the 10th Circuit in Free Speech Coalition v. Anderson, the Utah age-verification challenge. In an en banc review, the legal challenge is heard by the all judges of the 10th Circuit, rather than just the original three-judge panel.

The 10th Circuit panel ruling, issued earlier this month, contained an impassioned and well-reasoned dissent by Judge Phillips, arguing that the court should have allowed the case to continue against Utah’s Commissioner of Public Safety.

“Judge Phillips’ dissent raised important constitutional issues that we believe merit review by the full 10th Circuit,” says Alison Boden, Executive Director of Free Speech Coalition. “These laws are having a significant chilling effect on the rights of adult businesses and consumers, and the state has a significant role in enforcement.” 

Neither the 10th Circuit Court of Appeal nor the District Court have yet considered the merits of the underlying challenge to the constitutionality of Utah’s age-verification law, but rather have focused on a narrower issue as to whether state actors, such as the Commissioner, are responsible for the enforcement of the Utah law and should thus be made to defend the law in court.