Tenn. Law Targets 'Distressing' Images on Web

NASHVILLE, Tenn. — Tennessee's governor has signed into law a measure that criminalizes a wide swath of expression protected by the 1st Amendment.

Starting July 1, those who publish online images that could "frighten, intimidate or cause emotional distress" to a victim or "a similarly situated person of reasonable sensibilities" could be sentenced to jail for one year.

Further, the criminal penalties can apply even in the "victim" doesn't ever actually see it, but someone else finds it distressing.

The legislation, House Bill No. 300, updates a law that makes it illegal to send communications where the sender reasonably knows would frighten, intimidate, or cause distress to the recipient.

The measure, as revised, now makes it a crime to publish an image on any website or service if someone else finds it emotionally disturbing.

Legal scholars, particularly those at the Electronic Frontier Foundation, are appalled by the law because, simply put, it's impossible for a publisher to know whether an image might offend another.

The EFF, in a statement, also said the ban gives law enforcement a tool to selectively punish speech it doesn't like.

"The new law also says that social networking services must disclose communications and images to the government if it shows a court specific and articulable facts that there are 'reasonable grounds to believe that the contents of an electronic communication, or the records or other information sought, are relevant and material in an ongoing criminal investigation,' " said Marcia Hofmann, an EFF staff attorney.

Hoffman went on to say that this requirement contradicts the federal Electronic Communications Privacy Act, which requires law enforcement — including state and local law enforcement in Tennessee — to get a warrant before seizing stored communications that are less than six months old.

"Even worse, Tennessee is in the Sixth Circuit, which held just a few months ago in United States vs. Warshak that the government must have a probable cause warrant to seize and search messages stored by communications service providers. Which means that the new law violates the 4th Amendment, too.

"In short, Tennessee's ban on posting distressing images is unconstitutional in more ways than one, and we hope to see the courts strike it down at the first opportunity."

Related:  

Copyright © 2026 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Segpay Opens New Global Headquarters in Boca Raton

Segpay has selected Boca Raton for its new global headquarters.

X3 Euro All-Stars Paint Amsterdam Red in Billboard Campaign

The X3 Expo Euro All-Stars are making a splash on the vibrant streets of Amsterdam as the creator-first fan event prepares to make its debut on the continent.

Tiny Secret Games Taps Pauline Schmiechen for Growth and Partnerships Advisor

Adult game studio Tiny Secret Games has named Pauline Schmiechen as its new growth and partnerships advisor.

BranditScan Names Aerie Saunders as Community Manager

BranditScan has named Aerie Saunders as its new community manager.

'Goddess' Charlotte Sins Blesses the September Issue of X3 Magazine

Charlotte Sins graces the cover of the September issue of X3 magazine, the premier publication capturing the real personalities, passions, and stories behind top stars.

Centrobill Names Len Garcia as Chief Sales Officer

Centrobill has named Len Garcia as its new chief sales officer.

Mistrezz.AI Joins ASACP as Corporate Sponsor

The UK-based adult AI companion platform Mistrezz.AI has signed on as the latest corporate sponsor for Association of Sites Advocating Child Protection (ASACP).

Woodhull Freedom Foundation Debunks Pornography Myths in Latest Edition of 'Fact Checked' Series

Woodhull Freedom Foundation is hosting the latest edition of its virtual series “Fact Checked by Woodhull,” addressing myths about pornography.

Utah VPN Enforcement Pause Extended in Aylo Lawsuit

Provisions of a Utah law making adult websites liable if minors in the state circumvent geolocation efforts to bypass age verification, which were set to come into force in May, have again been put on hold temporarily.

Anti-Censorship Bill Could Shield US Sites From Foreign AV Laws

A Republican congressman has introduced legislation to bar U.S. courts from helping to enforce any foreign law restricting speech that would domestically be protected under the First Amendment, potentially including foreign age verification laws.

Show More