Judge dismisses lawsuit against age verification requirement for pornography sites in Utah

FSC made a statement about the decision here: freespeechcoalition.com/…/fsc-will-appeal-decisio…

IANAL, but reading the court’s decision, I think dismissal on 11th amendment grounds is a case study for why states are creating laws that allow for private liability – the “vigilante enforcement” approach. It gives states the ability to create unconstitutional laws without consequence. States can easily create a chilling effect on speech, while preventing plaintiffs from proving standing due to sovereign immunity and no “real” damages having taken place yet.