NASHVILLE — A Tennessee district court has blocked the state’s age verification law following the filing of a motion by Free Speech Coalition (FSC) for a preliminary injunction.
FSC's statement follows:
A Tennessee district court has blocked the state’s age-verification law, the Protect Tennessee Minors Act, from going into effect on January 1, following a motion for preliminary injunction by Free Speech Coalition. FSC sued the Tennessee Attorney General in November, calling the criminal law unconstitutional.
“The legislature has a compelling interest in protecting children from harmful content, and that is uncontested,” wrote Chief United States District Court Judge Sheryl H. Lipman in her decision granting the injunction. “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. The legislature’s goal, however admirable, does not allow it to undermine an adult’s freedom of speech. Neither the legislature nor this Court can turn a blind eye to the Constitution.”
“We applaud the Court’s decision,” says Free Speech Coalition Executive Director Alison Boden. “This is a deeply flawed law that put website operators at risk of criminal prosecution for something as trivial as a mention of the human nipple. I cannot express enough gratitude to our legal team, especially Gill Sperlein, who flew to Tennessee on the eve of the Christmas holiday to argue this case. These victories come with long hours and hard work, and can only be achieved through the financial support of our members.”
Free Speech Coalition is challenging similar laws in Louisiana, Texas, Utah, Indiana, Montana, and Florida. The Texas case, Free Speech Coalition v. Paxton, will be heard by the United States Supreme Court on January 15, 2025.
Joining Free Speech Coalition as co-plaintiffs are creator and educator MelRose Michaels; sex education platform O.school (Deep Technologies, Inc.); sexual wellness retailer Adam & Eve (PHE, Inc.); and adult fan platform JustFor.Fans (JFF Publications, LLC).
Representing Free Speech Coalition and its co-plaintiffs in this case are Jeff Sandman of Webb Daniel Friedlander LLP, D. Gill Sperlein of the Law Office of D. Gill Sperlein, and Edward M. Bearman of the Law Office of Edward M. Bearman.
Order Granting Plaintiffs’ Motion For Preliminary Injunction (Free Speech Coalition v. Skrmetti)
For more information, visit FreeSpeechCoalition.com.
