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

Curves Ahead: How BBW Creators are Turning Differentiation Into Competitive Advantage

For centuries, curves have been celebrated as a symbol of beauty, sensuality and power. From the soft opulence of Rubens paintings to the glamorous silhouettes of pinup icons, fuller figures have long occupied a place in art, fashion and fantasy.

Woodhull Freedom Foundation to Host Virtual 'Pride' Edition of 'Fact Checked' Series

Woodhull Freedom Foundation is hosting a Pride Month virtual edition of its series “Fact Checked by Woodhull.”

'InMelanin' Relaunches Through PAYSITE

InMelanin.com has officially relaunched through PAYSITE.

Pearl Industry Network Partners With Takedown Piracy

Industry trade group Pearl Industry Network (PiN) has officially partnered with Takedown Piracy.

Hollywood Reporter Spotlights XBIZ Miami in Feature on Fan Platforms

Last month's XBIZ conference serves as the setting for a new Hollywood Reporter feature examining the competitive fan platform market.

F2F, Image Angel Launch 'Forensic Watermarking' for Traceability

Friends2Follow (F2F) and Image Angel have partnered to launch a new traceability solution to combat unauthorized content sharing with the use of forensic watermarks.

EU Court: France Can Require Foreign Sites to Implement AV

The European Union’s Court of Justice ruled on Tuesday that France may require pornographic websites based in other EU states to implement age verification in accordance with French law, as long as France follows EU electronic commerce rules.

LoyalFans Announces 'Group Walkthrough' Online Event Series

LoyalFans has announced its new “Group Walkthrough” online event series for creators, taking place every Tuesday and Thursday.

Bree Sky Officially Launches 'ThirstChat' Fan Platform

Creator and entrepreneur Bree Sky has debuted her new fan platform, ThirstChat.

Lawsuit Alleging Meta Pirated VMG Content Will Move Forward

A U.S. district court on Thursday rejected Facebook parent company Meta’s motion to dismiss a suit by Vixen Media Group owner Strike 3 Holdings, which accuses Meta of pirating VMG content to train its artificial intelligence models.

Show More