Tennessee’s Adult Website Age Verification Law Upheld by Federal Appeals Court

A federal appeals court has allowed Tennessee’s age verification law for adult websites to remain in effect while legal challenges proceed. The law, known as the Protect Tennessee Minors Act, requires websites with 33 percent or more content deemed “harmful to minors” to verify users’ ages through state IDs or other identification methods every 60 minutes. This legislation is part of a growing wave of state-level age verification requirements that have emerged across the United States in recent years.

The 6th U.S. Circuit Court of Appeals reversed a Memphis federal judge’s December 31 pause on the law, which was originally set to take effect January 1. The appeals court stated that “it is not yet clear that the PTMA threatens any freedom protected by the First Amendment” and noted there are “competing public interests at play.” This ruling aligns with similar judicial decisions in other jurisdictions, including France’s recent court mandate requiring ISPs to block non-compliant adult websites.

Under the law, affected websites must maintain seven years of anonymized user data, a requirement that raises significant data privacy and security considerations. Tennessee’s legislation carries felony penalties for violations, making it the most stringently enforced among 19 states with similar regulations. The implementation of these requirements comes as states and countries worldwide are expanding their digital age verification requirements across various online platforms.

Tennessee Attorney General Anthony Skrmetti stated, “We’re glad that the unanimously-passed Protect Tennessee Minors Act remains in effect while this case proceeds,” adding that “this law seeks to stem the flow of toxic content to kids and keep adult websites adults-only.”

The Free Speech Coalition is currently challenging age verification laws in multiple states, including Texas, Indiana, Utah, Montana, Louisiana, and Florida. The organization argues these laws violate First Amendment rights, raise privacy concerns, and place financial burdens on businesses. These challenges highlight the ongoing tension between child protection measures and digital privacy rights.

Sources: The Daily Herald

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January 15, 2025 – by the ID Tech Editorial Team