A federal judge last week temporarily blocked a Tennessee law that would have required pornographic sites to verify that visitors are at least 18 years old, over concerns about possible free speech infringement.
Numerous other states have enacted similar laws in recent years, including Texas, Louisiana and Florida, but the U.S. Supreme Court will hear oral arguments against Texas’s regulations next week that undoubtedly will make a similar case.
U.S. District Judge Sheryl Lipman ruled on Dec. 30 that the Tennessee law would infringe on free speech and would not effectively protect children, the Associated Press reported on Tuesday. She granted the plaintiffs a temporary injunction preventing enforcement of the law while the suit moves forward. The Tennessee law would have gone into effect on Jan. 1.
Leading the suit against Tennessee is the Free Speech Coalition, a trade group for the porn industry. That group also is the primary plaintiff in the Texas case before the Supreme Court.
Many adult websites for years have required users to click a button affirming that they are adults before continuing to the website. But the new porn verification laws in Tennessee, Texas and elsewhere instead would require that users prove their age — for example, by matching a photo with a government-issued ID.
PornHub, the most-visited porn site in the world, already has cut off access to its site in several of those states in response to their laws.
In addition to Judge Lipman’s concern about First Amendment protections, her ruling questioned the efficacy of the Tennessee law, noting that parental controls on the devices of minors are more effective at controlling access while being less restrictive. Minors still would be able to download pirated porn or find it on social media sites or by using a virtual private network, she noted.
Judge Lipman also observed that the broadness of the law could affect other plaintiffs in the case, including an online education platform for sexual health.
Tennessee’s attorney general is appealing the injunction.
A similar law in Texas, House Bill 1181, which Gov. Greg Abbott signed into effect in 2023, includes other provisions not in the Tennessee law, including requirements that porn sites warn users that “pornography increases the demand for prostitution, child exploitation and child pornography” and that it can be addictive and cause body image issues. An appeals court ruled on a provision last year which stipulates that porn sites are not legally obligated to publish health disclaimers on their sites with which they do not agree, the Associated Press reported.
The Supreme Court will hear oral arguments in the suit against the Texas law on Wednesday, Jan. 15.
