Court Halts Law Over Free Speech Concerns
A Tennessee law requiring age verification on pornographic websites was largely blocked just days before its scheduled implementation on January 1. U.S. District Judge Sheryl Lipman ruled on December 30 that the law likely infringes on adults’ First Amendment rights without effectively preventing minors from accessing adult content.
The ruling grants a preliminary injunction that stops enforcement of the law while legal proceedings continue. The Tennessee attorney general’s office has already filed an appeal.
Legal Challenges and National Context
The Free Speech Coalition, an advocacy group for the adult entertainment industry, spearheaded the lawsuit challenging Tennessee’s law and similar statutes in six other states. According to the coalition, at least 19 states have passed comparable age verification laws, with many already in effect.
The issue is set to reach the U.S. Supreme Court, with oral arguments regarding Texas’ law scheduled for January 15.
Details of Tennessee’s Blocked Law
Tennessee’s law passed unanimously in the Republican-controlled legislature and was signed by GOP Governor Bill Lee last year. It requires pornographic websites to verify visitors’ ages using methods such as matching a photo to government-issued IDs or using transactional data.
Violations could result in felony charges or civil penalties. The law also mandates that websites anonymize and delete personal data after verification.
Judge Lipman’s ruling highlighted alternative measures, such as parental controls, as more effective and less invasive solutions for restricting minors’ access to explicit content. She noted that minors could bypass the law using VPNs or access similar material on social media platforms, which are largely exempt from the law.
The judge expressed concerns that the law’s broad definition of “harmful content” could lead to overreach, citing examples like the phrase “the human nipple” or certain text combinations that might lack “serious literary, artistic, political, or scientific value for minors.”
Reactions from the State and the Industry
Tennessee Attorney General Jonathan Skrmetti defended the law, describing it as a “common sense” measure to protect minors while preserving adult privacy. His office is seeking to overturn the injunction through the 6th U.S. Circuit Court of Appeals.
Conversely, the Free Speech Coalition criticized the law as ineffective and unconstitutional. Executive Director Alison Boden called it “deeply flawed,” adding that it puts website operators at risk of prosecution for minor infractions.
Porn Sites Respond to Verification Laws
In response to similar laws in Florida and South Carolina, Pornhub has blocked access in those states, encouraging residents to contact their legislators. Its parent company, Aylo, has similarly restricted access in 16 states with age verification requirements, which it described as “ineffective, haphazard, and dangerous.”
Aylo advocates for device-level age verification instead of website-specific measures.
