DENVER — The United States Court of Appeals for the Tenth Circuit on Monday rejected a motion by the Free Speech Coalition (FSC) requesting that the full court rehear its appeal in Free Speech Coalition v. Anderson, the industry trade association’s challenge to Utah’s age verification law.
Utah’s SB 287 went into effect in January 2023. At the time, FSC noted that the state law “requires sites to verify identity through a non-existent state digital ID, or to partner with data brokers to otherwise verify age and identity of all visitors,” citing serious privacy concerns about the legislation and contending that it is unconstitutional.
In response to the law, Pornhub decided to block its site in Utah.
In August 2023, a Utah judge granted the state’s motion to dismiss the FSC challenge. FSC then filed an appeal. Last month, as XBIZ reported, the 10th Circuit affirmed the lower court’s decision, rejecting that appeal. In response, FSC requested that its appeal be heard by the full court rather than the three-judge panel that dismissed it.
Monday’s order reads simply, “Appellants’ petition for rehearing en banc was transmitted to all of the judges of the court who are in regular active service. As no member of the panel and no judge in regular active service on the court requested that the court be polled, the petition is denied.”
This effectively marks the end of the case.
This report will be updated as more information becomes available.
