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

Federal Judge Orders Refunds for Companies That Paid Trump Tariffs

A judge for the U.S. Court of International Trade on Wednesday ordered U.S. Customs and Border Protection to refund duties paid under the Trump administration’s sweeping program of tariffs.

Eli Thomas Launches 'VerifiedCollab' Verification Platform

Performer Eli Thomas has launched VerifiedCollab, a verification platform for creators and producers.

House Committee to Weigh Online Safety Bill With Federal AV Requirement

The U.S. House of Representatives Committee on Energy and Commerce will meet Thursday to consider and potentially amend the Kids Internet and Digital Safety (KIDS) Act, which includes provisions to make age verification by adult websites federal law.

SWR Data Publishes 'Creator Income' Report

Adult industry market research firm SWR Data has published a report on creator incomes.

Pineapple Support to Host 'Neurodivergent Performers' Support Group

Pineapple Support is hosting a free online support group for neurodivergent performers.

'Legal Impact' Webinar Unpacks North Carolina's New Consent Law

Industry attorney Corey D. Silverstein on Thursday held a webinar focused on North Carolina’s HB 805, a new law that has significantly altered performer consent requirements in the state.

FSC Launches Privacy-First Age Verification Solution for Members

The Free Speech Coalition (FSC) announced today that it has granted members exclusive access to the PrivateAV age verification solution.

Brazil: New AV Requirements Set to Take Effect March 17

President Luiz Inácio Lula da Silva this week gave final approval to new regulations requiring adult websites to age-verify users located in Brazil starting March 17.

FSC Recommends Platforms Integrate StopNCII.org Tool

In a blog post, Free Speech Coalition (FSC) has recommended that platforms integrate the StopNCII.org tool to prevent the sharing of non-consensual intimate imagery (NCII).

Show More