Tennessee Law Requiring Age Verification For Porn Sites Blocked By Court

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The Tennessee Conservative [By Olivia Lupia] –

The Protect Tennessee Minors Act, a law requiring age verification for anyone attempting to access websites offering sexual content, has been stalled in court thanks to a ruling from a federal judge granting a preliminary injunction based on supposed First Amendment violations.

The act was set to go into effect on January 1, 2025, but a lawsuit previously filed by the Free Speech Coalition (FSC) has resulted in the hold.

The FSC is a known trade association for the adult entertainment industry, and has challenged numerous similar laws across the country including Indiana, Montana, Louisiana, and Utah and is set to argue before the US Supreme Court on January 15th over Texas’ version.

The Act, which was unanimously passed by Tennessee lawmakers, defines a sexually explicit website as one that has a “substantial portion of content defined by the legislation as harmful,” and requires websites accessible within the state which have a third or more of content deemed “harmful to minors” to verify the age of each user every hour. 

Each site must have users upload a state ID or verify age in another manner and retain seven years’ worth of anonymized data. The FSC maintains the Act is unnecessary and is intended to “shame” an adult watching porn, believing parents should use parental controls on devices for children instead.

Violation of the law could result in criminal and civil penalties including a maximum of $10,000 in fines with up to 15 years behind bars and was passed under the assumption that “a majority of entities will either stop publishing such content or will take steps necessary to meet the requirements of this legislation.”

The US District Court for the Western District of Tennessee believes the law, “likely violates the First Amendment.” Chief US District Judge Sheryl H. Lipman commented on the ruling stating that though Tennessee has a “compelling interest in protecting children from harmful content, [the law] will unavoidably suppress a large amount of speech that adults have a First Amendment right to give and receive.”

Tennessee Attorney General Jonathan Skrmetti has appealed the ruling but there are not yet any further court dates or hearings scheduled. There is a possibility the appeal will find success based on the precedents of the similar laws in Mississippi and Arkansas which have resulted in certain adult websites completely shutting down in response.

Olivia Lupia is a political refugee from Colorado who now calls Tennessee home. A proud follower of Christ, she views all political happenings through a Biblical lens and aims to utilize her knowledge and experience to educate and equip others. Olivia is an outspoken conservative who has run for local office, managed campaigns, and been highly involved with state & local GOPs, state legislatures, and other grassroots organizations and movements. Olivia can be reached at olivia@tennesseeconservativenews.com.