A panel of appeals judges has ruled that Tennessee can begin enforcing a law that requires pornographic websites to verify their visitors’ age. The 6th U.S. Circuit Court of Appeals panel ruled 3-0 in favor of allowing Tennessee's law to take effect while a legal challenge continues. This decision comes as the U.S. Supreme Court prepares for oral arguments on a similar Texas law.
The law, which had been temporarily blocked by a district court judge, aims to protect children from accessing harmful content. The Free Speech Coalition, an adult entertainment trade group, has sued over Tennessee’s law and similar laws in other states. The 6th Circuit panel emphasized the law's goal of safeguarding minors from the negative effects of on-demand pornography.
Several states have passed laws requiring age verification on porn websites, with Texas and Indiana facing legal challenges that have seen lower court decisions overturned by appeals courts. The Supreme Court is set to provide further guidance on this issue.
Following the appeals court ruling, the website Pornhub began blocking access in Tennessee, citing concerns over the effectiveness and enforcement of age verification requirements. Tennessee's law mandates that porn websites verify visitors are at least 18 years old, with penalties for violators. The law also outlines measures for age verification without retaining personal information.
Meanwhile, Kansas Attorney General Kris Kobach has filed a lawsuit against a company operating pornographic websites without age verification technology, seeking damages for non-compliance with state law.
Despite the ruling in favor of enforcing Tennessee's law, concerns remain about its effectiveness in preventing minors from accessing adult content through various means such as VPNs and social media platforms. The law's broad impact and definition of harmful content have also raised questions about its potential implications on online platforms beyond porn websites.
Tennessee Attorney General Jonathan Skrmetti welcomed the ruling, highlighting the bipartisan support for the age verification requirement in the state Legislature. Similar laws in Florida, South Carolina, and Georgia are also set to take effect, reflecting a broader trend of states addressing age verification on adult websites.
