The Free Speech Coalition (FSC) has filed a federal lawsuit challenging Tennessee’s recently enacted age verification law, SB1792, which mandates stringent measures for adult platforms to verify users’ ages. The lawsuit, filed in the U.S. District Court for the Western District of Tennessee, argues that the law violates First Amendment protections and creates significant risks to privacy and access to lawful information.

Set to take effect on January 1, 2025, SB1792 authorizes the Tennessee Attorney General to impose felony criminal charges on websites that fail to implement robust age verification systems. These measures require visitors to provide a government ID, scan their faces, or use other identity-verification methods to access material deemed “harmful to minors.” The law has sparked controversy for its potential to infringe on constitutional rights while posing serious privacy concerns.

The lawsuit includes a range of plaintiffs who contend they are adversely affected by the legislation. Alongside FSC, plaintiffs include content creator MelRose Michaels, educational platform O.school, sexual wellness retailer Adam & Eve, and adult content subscription platform JustFor.Fans.

“Engaging in legal speech is not a criminal act,” said Alison Boden, Executive Director of FSC. “This law, and others like it, have effectively become state censorship, creating a massive chilling effect for those who deal in sex or sexuality and creating significant privacy risks for Tennesseans who want to access sexual health information, adult content, or any other controversial speech.”

FSC and its co-plaintiffs argue that SB1792 violates the First Amendment by imposing criminal penalties on platforms disseminating lawful content. Additionally, they assert that the law creates a chilling effect, deterring individuals from engaging with constitutionally protected speech out of fear of surveillance or data breaches.

Critics also highlight the privacy risks associated with mandatory age verification, including the potential misuse of sensitive personal data such as government IDs or biometric scans. Boden noted that these requirements could deter not only adult content users but also those seeking essential sexual health and wellness information.

FSC is represented in the lawsuit by 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. The organization has been actively contesting similar laws across the country, including in Indiana, Montana, Texas, Louisiana, and Utah.

The case in Texas, Free Speech Coalition v. Paxton, is slated for review by the U.S. Supreme Court in January 2025. The outcome of that case could set a significant precedent for state-level age verification laws nationwide.

If upheld, SB1792 could reshape access to adult content and sexual education in Tennessee, placing strict limitations on platforms and users alike. Proponents of the law argue that it is necessary to protect minors from harmful material, likening it to existing age restrictions for alcohol, tobacco, and gambling.

Critics counter that such laws risk overreach, infringing on the rights of adults to access lawful content while failing to safeguard minors effectively. The debate underscores broader questions about free speech, digital privacy, and government regulation in the internet age.

With SB1792 set to take effect in less than two months, the lawsuit seeks a preliminary injunction to halt its implementation while legal proceedings are ongoing. The case marks another battleground in the growing national discourse over age verification and its implications for constitutional freedoms and online privacy.

As the legal battle unfolds, Tennessee’s age verification law could become a pivotal case in determining the balance between child protection and the rights of individuals and businesses in the digital era.

You can view the complaint (here)  and motion for preliminary injunction (here).