NASHVILLE, Tenn. (WKRN) — A federal judge temporarily blocked a Tennessee law that would require pornographic websites to make users verify their age to watch adult content less than two days before it was set to go into effect.
The “Protect Tennessee Minors Act,” which passed last legislative session, requires websites containing a portion of content that is “harmful to minors” to make people prove they are at least 18 years old every hour while accessing their site.
The law said websites could do this by requiring users to upload their photo IDs and a photo of themselves. Companies that don’t comply could be charged with a felony under the law.
The bill was sponsored by Republicans who told News 2 in April that pornography and other adult content has been proven dangerous for children.
“It can cause damage; it can cause mental health issues,” Sen. Becky Duncan Massey (R-Knoxville), the bill’s sponsor, said. “There’s a lot of data that supports it’s not good for people under 18.”
The Protect Tennessee Minors Act passed unanimously in both the Senate and the House, gaining support from some Democrats.
“It’ll give us a chance to start talking about education for our children,” Rep. G.A. Hardaway (D-Memphis) told News 2 in April. “Sex education, formal and informal, for our children is the ultimate tool for their protection.”
However, the Free Speech Coalition argued it violates the First Amendment and creates issues with privacy.
“Most consumers understand that if you are uploading your ID, there is going to be a risk that a hacker — whether it’s a foreign bad actor or whether it’s the government — is going to be able to surveil that,” Mike Stabile with the Free Speech Coalition said.
The Free Speech Coalition took the state to court and late Monday, a federal judge ruled the law likely violates the Constitution.
“The legislature has a compelling interest in protecting children from harmful content,” Judge Sheryl H. Lipman wrote. “But in its attempt to protect children, the State will unavoidably suppress a large amount of speech that adults have a First Amendment right to give and receive.”
Lipman pointed out that the law’s most “glaring flaw” is that “it is not the least restrictive means of advancing Tennessee’s interest in protecting minors from pornography,” the ruling said. The judge wrote that “blocking and filtering controls” are both less restrictive and more effective than the state’s age verification law.
The judge’s ruling has temporarily blocked the law from going into effect Jan. 1, 2025 until litigation is resolved. In response, Tennessee Attorney General Jonathan Skrmetti filed an emergency appeal.
