Tennessee Can Enforce Age Verification Law for Pornographic Websites
Nashville, TN - A panel of appeals judges has ruled that Tennessee can begin enforcing a law requiring pornographic websites to verify visitors' age as the First Amendment debate rises to the U.S. Supreme Court this week for oral arguments over a similar Texas law.
Background
The Free Speech Coalition, an adult entertainment trade group, sued over Tennessee's law and those in a half-dozen other states, including Texas. Some 19 states have passed similar laws, the coalition says.
Court Ruling
On Monday, the 6th U.S. Circuit Court of Appeals panel ruled 3-0 that Tennessee's law can take effect while a legal challenge continues. A district court judge had largely temporarily blocked the law from kicking in on Jan. 1, citing free speech protections for adults and saying the law would be ineffective at shielding minors from harmful content.
Implications
The ruling comes as the U.S. Supreme Court prepares to hear oral arguments over a similar Texas law this week. The Free Speech Coalition has argued that the laws are unconstitutional and would force people to transfer sensitive information.
Website Response
Pornhub, a popular adult website, began blocking access in Tennessee after the decision. The website had already halted access in 16 other states with verification requirements it has called “ineffective, haphazard, and dangerous” and not properly enforced.
Other Developments
Meanwhile, Kansas Attorney General Kris Kobach sued Seattle-based SARJ LLC, alleging the company is violating Kansas' law by operating 13 pornographic websites without age-gating technology ensuring visitors are 18 or older. The consumer protection lawsuit requests potentially millions of dollars in damages.
Stakeholder Reaction
Tennessee Attorney General Jonathan Skrmetti applauded the ruling, saying that the law seeks to stem the flow of toxic content to kids and keep adult websites adults-only.
Conclusion
The ruling marks a significant development in the ongoing debate over age verification laws for pornographic websites. As the U.S. Supreme Court prepares to hear oral arguments over similar Texas law, the implications of this decision will likely be felt across the country.