A law in Tennessee that required pornographic websites to verify visitors’ age was mostly blocked in court before its scheduled implementation on Jan. 1. The law faced challenges in Tennessee, while similar laws went into effect in Florida and South Carolina, as well as in over a dozen other states.
On Dec. 30, U.S. District Judge Sheryl Lipman in Memphis ruled that Tennessee’s law could potentially infringe on the free speech rights of adults under the First Amendment without effectively preventing children from accessing harmful material. The state attorney general’s office is appealing the decision.
The Free Speech Coalition, a trade group for the adult entertainment industry, is challenging Tennessee’s law and similar laws in multiple states. The coalition identified around 19 states that have enacted comparable legislation. One major adult website has already restricted access in various states due to these laws.
The issue is expected to reach the U.S. Supreme Court for oral arguments concerning Texas’ law next week.
Tennessee’s law, which received unanimous support in the state’s Republican-controlled legislature and was signed by GOP Governor Bill Lee, mandates that porn websites verify visitors are over 18 years old. Violators could face felony penalties and civil liabilities. Methods for age verification could include matching a photo to an ID or using specific transactional data. However, personally identifying information cannot be retained, and website operators must use anonymized data.
The Free Speech Coalition and others obtained a preliminary injunction against the law’s enforcement as legal proceedings continue. Concerns were raised about the possibility of private lawsuits or actions by individual district attorneys.
Judge Lipman highlighted that parental controls on devices are more effective and less restrictive in protecting minors. She also noted that the law’s impact could be overly broad, potentially affecting platforms like online educational websites focused on sexual wellness.
Tennessee Attorney General Jonathan Skrmetti’s office is seeking to have the law enforced while the lawsuit progresses. The office argues that other appeals courts, including the U.S. Supreme Court, have allowed similar laws to be implemented.
The Free Speech Coalition contends that the law is flawed, unconstitutional, and could compel individuals to disclose sensitive information.
“Describing the situation as ‘trivial as a mention of the human nipple,’ Free Speech Coalition Executive Director Alison Boden addressed the recent actions taken by website PornHub in response to verification laws in certain states. Last week, as verification laws came into effect in Florida and South Carolina, PornHub promptly blocked access in those states and urged users to reach out to their political representatives. This move mirrors similar actions taken by the website in response to other states implementing verification requirements.
While judges had previously halted the enforcement of these laws in Indiana and Texas, circuit appeals courts have since intervened to allow for their implementation. In April, the Supreme Court declined to put a stop to Texas’ verification law while legal proceedings continue. The next significant development in this ongoing legal battle is the upcoming Supreme Court oral arguments scheduled for January 15th.
Looking ahead, Georgia is slated to roll out its own age verification law in July, adding to the growing complexity and controversy surrounding online content regulation.”
