Utah Legislature Passes Porn Labeling Bill
A bill in Utah that requires a warning label on pornography products passed the Utah state legislature this week. Shutterstock
STATE AND LOCAL ROUNDUP | State attorneys general try to stop televangelist peddling fake coronavirus cure … Washington Senate passes bill to end tax on menstrual products … Kentucky proposal calls for nonpartisan local elections.
A bill in Utah that requires a warning label on pornography products passed the Utah state legislature this week. The bill requires a label on physical porn products, as well as a five second warning before any video that must read, “Exposing minors to obscene material may damage or negatively impact minors." The bill’s provisions were significantly reduced from when it was first introduced, but the bill sponsor, state Rep. Brady Brammer, said he expects lawsuits against the measures if Gov. Gary Herbert signs it into law. "I would expect they’ll start by filing a lawsuit to prevent it from going into place and then we’ll see how the courts treat it,” Brammer said. The measure proposes a penalty of $2,500 for every product that doesn’t comply. The Free Speech Coalition, a trade group representing the adult entertainment industry, called the bill “a landmine” of First Amendment issues. "The bill’s author, Rep. Brady Brammer, says that the labelling law will only apply to ‘obscene’ content. However, there is no established legal definition for obscenity — each case would have to be worked out through a lengthy and expensive legal process. However, the chilling effect on legal speech would be substantial,” the group said. This isn’t the first time Utah lawmakers passed laws involving pornography. In 2001, the legislature appointed the first ever "porn-czar" in the United States, who had the official title of Obscenity and Pornography Complaints Ombudsman. In 2005, the state passed a law requiring the state Attorney General's Office to list “harmful” online websites and compel internet service providers to block those websites if customers request. In 2014, the state passed a bill that holds parents accountable for intentionally showing pornographic material to children. In 2016, the Utah Senate voted unanimously to declare porn a public health crisis, a measure that was signed into law by Gov. Herbert. [FOX 13; Route Fifty; Salt Lake Tribune; KUTV]
CORONAVIRUS ‘CURE’ | Two state attorneys general have taken action against a prominent televangelist to get him to stop promoting a fake coronavirus “cure” on his television show. Missouri Attorney General Eric Schmitt filed a lawsuit against Jim Bakker over his "Silver Solution" treatment for coronavirus, while New York Attorney General Letitia James sent a cease-and-desist order to Bakker. According to the World Health Organization, there are no cures or treatments for the novel coronavirus. "In addition to being mindful about our health, we must also beware of unscrupulous actors who attempt to take advantage of this fear and anxiety to scam or deceive consumers," James said. [ABC News]
MENSTRUAL TAX | The Washington state Senate passed a bill that would eliminate taxes on menstrual products. Republican State Sen. Lynda Wilson’s bill would make Washington the 18th state to end the so called ‘pink tax.’ “I was starting to receive emails from a lot of women, even across the country, about the ‘Pink Tax.’ The ‘Pink Tax’ is the tax being charged on women’s products, specifically feminine hygiene products which we are now calling menstrual products. A tax that women pay exclusively because guys just don’t use them,” Wilson said. Sen. Keith Wagoner, also a Republican, said that the bill will be helpful for many people. “It’s not just tax relief for women. It’s tax relief for families because this involves a family budget and every dollar or cent that families have in their budget to reserve for other things is a good thing,” he said. [KPQ; The Columbian]
NONPARTISAN ELECTIONS | A bill in the Kentucky legislature would ban any party designation from appearing on ballots for local elections. Proponents say local issues don’t need to be partisan, but opponents argue that voters have the right to be informed. [Louisville Courier Journal]
WINE OF THE MONTH | The Utah legislature passed a bill legalizing alcohol subscription services like “wine of the month” clubs. Companies will not be able to ship direct to consumer, though, and anybody who signs up for a subscription would have to get it delivered to the Utah Department of Alcoholic Beverage Control, which will apply an 88% markup. [FOX 13]
Emma Coleman is the assistant editor for Route Fifty.
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