NASHVILLE, Tenn. (AP) 69制片厂制作传媒 A panel of appeals judges has ruled that Tennessee can begin enforcing a law that requires pornographic websites to verify their visitors69制片厂制作传媒 age as the First Amendment debate rises to the U.S. Supreme Court this week for oral arguments over a similar Texas law.
On Monday, the 6th U.S. Circuit Court of Appeals panel ruled 3-0 that Tennessee69制片厂制作传媒檚 law can take effect while a legal challenge continues.
A district court judge had largely blocked the law from kicking in on Jan. 1 while a lawsuit continued, citing free speech protections for adults and saying the law would be ineffective at shielding minors from harmful content.
The Free Speech Coalition, an adult entertainment trade group, filed the lawsuit over Tennessee69制片厂制作传媒檚 law and those in a half-dozen other states, including Texas. The coalition lists some 19 states that have passed similar laws.
In the latest Tennessee ruling, the 6th Circuit panel wrote that the district judge didn69制片厂制作传媒檛 show that any potentially unconstitutional aspects of the law would outweigh its constitutional uses.
It described the law69制片厂制作传媒檚 goals as 69制片厂制作传媒渢o protect children from the devastating effects of easy access to on-demand pornography.69制片厂制作传媒
Other appeals courts have reversed lower court decisions that had blocked similar laws in Texas and Indiana, the panel wrote. The Supreme Court declined to halt Texas69制片厂制作传媒 law in April while a legal challenge by the Free Speech Coalition continues, and oral arguments are coming up Wednesday.
69制片厂制作传媒淲e see no reason to keep Tennessee69制片厂制作传媒檚 law on ice while Texas and Indiana may enforce theirs (against at least one of the same Plaintiffs), especially when the Supreme Court will soon offer guidance on the standard of review we should apply,69制片厂制作传媒 the 6th Circuit ruling says.
After the decision on Tennessee69制片厂制作传媒檚 law, the website Pornhub began blocking access in the state. The website had already halted access in 16 other states with verification requirements it has called 69制片厂制作传媒渋neffective, haphazard, and dangerous69制片厂制作传媒 and not properly enforced, according to its parent company, Aylo. The company is advocating for age verification on individual devices.
Tennessee69制片厂制作传媒檚 law would require porn websites to verify visitors are at least 18 years old, threatening felony penalties and possible civil liability for violators running the sites.
They could match a photo to someone69制片厂制作传媒檚 ID, or use certain 69制片厂制作传媒減ublic or private transactional data69制片厂制作传媒 to prove someone69制片厂制作传媒檚 age.
Website leaders could not retain personally identifying information and would have to keep anonymized data.
Age verification would be required if one-third of a website69制片厂制作传媒檚 content is considered harmful to minors under state standards.
The Free Speech Coalition has argued the law would prove to be ineffective, unconstitutional and force people to transfer sensitive information.
In initially blocking the law, U.S. District Judge Sheryl Lipman in Memphis wrote that Tennessee69制片厂制作传媒檚 requirement would not prevent minors from accessing adult sites using VPNs, or virtual private networks, that mask a user69制片厂制作传媒檚 location.
The law would also not stop them from viewing pornographic material on dark corners of the internet 69制片厂制作传媒 or via social media sites, which would likely be shielded by the one-third content threshold, Lipman said.
The judge said the law69制片厂制作传媒檚 impact could be overly broad, potentially affecting other plaintiffs such as an online educational platform focused on sexual wellness.
She also noted that Tennessee69制片厂制作传媒檚 definition of 69制片厂制作传媒渃ontent harmful to minors69制片厂制作传媒 extends to include text.
Lipman is an appointee of former President Barack Obama.
Former President George W. Bush appointed two of the 6th Circuit judges. President-elect Donald Trump appointed the third.
Tennessee Attorney General Jonathan Skrmetti, who applauded the ruling, noted that the age verification requirement passed unanimously in the Republican-supermajority Legislature.
69制片厂制作传媒淎s the Court of Appeals noted, this law seeks to stem the flow of toxic content to kids and keep adult websites adults-only,69制片厂制作传媒 Skrmetti said in an emailed statement.
Similar laws kicked in on Jan. 1 in Florida and South Carolina. Another age verification law is set to take effect in July in Georgia.
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