NASHVILLE, Tenn. — A new law in Tennessee aimed at requiring age verification for visitors to pornographic websites was effectively halted by a federal court just ahead of its scheduled implementation on January 1. This ruling contrasts with similar regulations that have been enacted in Florida and South Carolina, as well as in over a dozen other states where such laws remain in effect.
On December 30, U.S. District Judge Sheryl Lipman from Memphis determined that the Tennessee law might undermine First Amendment rights for adults and would not sufficiently prevent minors from accessing explicit content. The state’s attorney general’s office plans to appeal this decision.
The Free Speech Coalition, representing the adult entertainment industry, is contesting Tennessee’s law alongside legislation in several other states. The coalition has identified around 19 states that have implemented similar measures, leading one significant adult website to restrict access in states with these age verification requirements.
The legal dilemma surrounding these laws is set to escalate, as the U.S. Supreme Court is scheduled to hear arguments regarding Texas’ version of the law next week.
The Tennessee law passed last year without any opposition in the Republican-dominated legislature and received the signature of GOP Governor Bill Lee. The statute mandates porn sites to confirm that users are 18 or older, with potential felony charges and civil liabilities for those failing to comply. Websites must verify ages by comparing photos with identification or utilizing specific public or private data. Moreover, these sites are prohibited from storing personally identifiable information and must maintain anonymous user data.
In response to the coalition’s lawsuit, a preliminary injunction has been granted, pausing the attorney general’s enforcement while the case remains active. However, concerns persist regarding the possibility of individual lawsuits or actions initiated by district attorneys.
Judge Lipman noted in her ruling that parental control tools play a more effective role in safeguarding minors than age verification laws, arguing that minors can still access adult content through VPNs or on social media platforms that likely do not meet the criteria of harm outlined by the law.
Additionally, the judge pointed out that the law’s extensive definition of “content harmful to minors” could unintentionally impact other online services, such as educational websites focused on sexual health. She emphasized that even benign phrases or characters could be deemed harmful without “serious literary, artistic, political, or scientific value for minors.”
In response, Tennessee Attorney General Jonathan Skrmetti’s office is urging the 6th U.S. Circuit Court of Appeals to allow the law to be enacted while the legal challenges continue. Skrmetti highlighted the precedence of similar laws being accepted by other appellate courts, including the U.S. Supreme Court.
“The Protect Tennessee Minors Act implements reasonable age verification to prevent children from accessing explicit material while safeguarding the privacy of consenting adults,” he said.
Conversely, the Free Speech Coalition contends that the law is not only ineffective but unconstitutional, forcing operators to handle sensitive data unnecessarily. Executive Director Alison Boden criticized the law as fundamentally flawed and an exaggeration of offenses that could lead to criminal charges for seemingly innocuous content.
As Florida and South Carolina’s verification laws came into force, Pornhub briefly denied access in those states, urging users to communicate with their local officials about the matter. The website’s parent company, Aylo, confirmed that they have blocked access in a total of 16 states, denouncing these laws as inconsistent and poorly enforced, while advocating for device-based age verification instead.
Previous efforts in Indiana and Texas to pause such laws faced appeals that allowed enforcement to proceed. The Supreme Court opted not to suspend Texas’ law in April as legal proceedings move forward, with oral arguments slated for January 15. Another age verification law is projected to commence in Georgia in July.
