December 31, 2024 |
FSC: Judge Blocks Tennessee AV Law From Entering Force Jan. 1 |
LOS ANGELESâThe Free Speech Coalition (FSC) announces that a federal district judge in Tennessee has granted a preliminary injunction against a controversial age verification law that permits felony convictions of violators. The adult industry trade group sued the state of Tennessee on the grounds that the Protect Tennessee Minors Act is unconstitutional. The FSC's full announcement follows: A Tennessee District court has blocked the stateâs 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. âThe legislature has a compelling interest in protecting children from harmful content, and that is uncontested,â wrote Chief United States District Court Judge Sheryl H. Lipman in her decision granting the injunction. âBut 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 legislatureâs goal, however admirable, does not allow it to undermine an adultâs freedom of speech. Neither the legislature nor this Court can turn a blind eye to the Constitution.â âWe applaud the Courtâs decision,â says Free Speech Coalition Executive Director Alison Boden. âThis is a deeply flawed law that put website operators at risk of criminal prosecution for something a 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.â 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 Plaintiffsâ Motion For Preliminary Injunction (Free Speech Coalition v Skrmetti)
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