By Making Its Porn Age Verification Law A ‘Bounty' Law, Utah Able To Deflect Challenge To The Law's Validity

Legal Issues Over the last few years, as we've seen state legislatures and governors focusing on culture war legislating, rather than sensible poli...

August 4, 2023
3:24 AM

Legal Issues Over the last few years, as we've seen state legislatures and governors focusing on culture war legislating, rather than sensible policy legislating, one thing that's become popular — kicked off by Texas's anti-abortion law , but gladly embraced by Democrats as well — is the idea of trying to avoid judicial scrutiny by taking enforcement out of the government's hands, but creating a 'bounty' program with a private right of action. Basically, unlike most laws, rather than saying that a state Attorney General or local prosecutor can take a violator to court, the laws give that right to citizens, and offer them a 'reward' if they successfully do so.

Mike Masnick