- Multiple states have passed similar age-verification laws
- Tennessee’s law ‘likely violates the First Amendment,’ court says
Tennessee can’t enforce a law that requires websites offering sexual content to verify users’ ages after a federal judge granted a preliminary injunction.
The Protect Tennessee Minors Act required websites to verify ages every hour through a “reasonable” method if they provided a significant amount of content that could be harmful to minors. It “likely violates the First Amendment,” the US District Court for the Western District of Tennessee said Monday.
While Tennessee “has a compelling interest in protecting children from harmful content,” Judge Sheryl H. Lipman said that the law “will unavoidably suppress a large amount of speech that adults have a First Amendment right to give and receive.”
The injunction prevents statewide enforcement during litigation. Lipman said that the Free Speech Coalition—a trade association for the adult entertainment industry—was likely to succeed on the merits of its First Amendment claim.
The coalition has challenged a number of age verification laws across the country, including in Indiana, Montana, Louisiana, and Utah, and will argue before the US Supreme Court in January to challenge Texas’ version.
The Law Office of Edward M. Bearman, Law Office of Gary E. Veazey, Law Office of D. Gill Sperlein, Allen Law Firm, and Webb Daniel Friedlander LLP represent Free Speech Coalition.
The case is Free Speech Coal. Inc. v. Skrmetti, W.D. Tenn., No. 2:24-cv-02933, 12/30/24.
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