A Tennessee law requiring pornographic websites to verify visitors’ ages was largely blocked by a court before its scheduled implementation on January 1. While similar laws took effect in Florida and South Carolina, and remained in place in more than a dozen other states, U.S. District Judge Sheryl Lipman in Memphis ruled that Tennessee’s law would likely infringe on the free speech rights of adults without effectively preventing children from accessing harmful material. The state attorney general’s office is appealing the decision.
The Free Speech Coalition, an adult entertainment trade group, is challenging Tennessee’s law and laws in other states. The coalition has identified 19 states with similar laws. One major adult website has restricted access in several states due to these laws. The issue will be heard by the U.S. Supreme Court next week in oral arguments about Texas’ law.
Tennessee’s law, passed by the Republican-supermajority legislature without opposition and signed by GOP Gov. Bill Lee, would require porn websites to verify visitors are at least 18 years old, with penalties for violators. The Free Speech Coalition and others sued, obtaining a preliminary injunction blocking enforcement while legal proceedings continue.
In her ruling, Judge Lipman emphasized that parental controls on minors’ devices are more effective and less restrictive. She raised concerns about minors bypassing the law using VPNs or viewing explicit material on social media sites not covered by the law’s definition. The judge also noted potential impacts on platforms like online sexual wellness education.
Tennessee’s Attorney General is seeking to enforce the law while the lawsuit proceeds, stating it aims to protect minors from explicit content. The Free Speech Coalition argues the law is flawed, unconstitutional, and compromises user privacy.
“Characterizing the issue as ‘trivial as a mention of the human nipple,’ Free Speech Coalition Executive Director Alison Boden commented on the recent developments surrounding internet pornography regulations. With verification laws coming into effect in Florida and South Carolina, popular website PornHub made the decision to restrict access in these states. The site displayed a message urging users to reach out to their political representatives in response to the new regulations. This move mirrors actions taken by the platform in other states that have implemented similar verification requirements.
Legal battles have unfolded in various states, with Indiana and Texas seeing temporary halts to the enforcement of such laws by judges. However, circuit appeals courts have intervened to permit their implementation. The Supreme Court, in a decision in April, opted not to block the enforcement of Texas’ law while legal proceedings are ongoing. The next significant development in this ongoing saga is the schedule for oral arguments at the Supreme Court on January 15th.
Looking ahead, Georgia is poised to introduce its own age verification law in July, adding to the complex landscape of regulations governing online adult content.”
