FSC v. Skrmetti (Tennessee)

Free Speech Coalition, along with a diverse range of co-plaintiffs, has filed a legal challenge in Tennessee over the state’s age-verification law, arguing that it violates the First Amendment of the U.S. Constitution. SB1792 empowers the state attorney general to bring felony criminal charges against websites with “material harmful to minors” if they do not require visitors to upload a government ID, scan their face, or otherwise verify their age and identity. Joining FSC in the challenge are a host of others harmed by the law, including individuals and companies working in sex education, journalism and sexual wellness, as well as adult content creation and distribution. More »

Case Status: In Progress

Law Status: Not In Effect

Key Points

• The law creates liability “for damages resulting from a minor’s accessing the content harmful to minors, including court costs and reasonable attorney fees”, in addition to criminal liability to the State, as violations constitute a Class C felony punishable by up to 15 years in prison and $10,000 in fines.
• The law violates the First and Fourth Amendments to, and Supremacy Clause of, the United States Constitution, because it impermissibly burdens Plaintiffs’ exercise of their rights thereunder.

Court Filings