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

Ofcom Investigates Two Sites Over Possible AV Violations

U.K. media regulator Ofcom on Wednesday launched investigations into two adult sites as part of its age assurance enforcement program under the Online Safety Act (OSA).

Brazzers Launches Model Management Division 'Brazzers Creator'

Brazzers has launched its new full-service model management division, Brazzers Creator, offering content management services across multiple platforms.

FTC Promises 'Vigorous' TAKE IT DOWN Act Enforcement

The Federal Trade Commission is warning platforms that the agency will strongly enforce the notice-and-removal requirements of the TAKE IT DOWN Act, which go into effect next week on May 19.

STD Hero Joins Pineapple Support as Sponsor

Better Life Science brand STD Hero has joined the ranks of over 70 adult businesses and organizations committing funds and resources to Pineapple Support.

2026 XBIZ Miami Speaker, Open-Floor Conversation Guide Lineup Announced

XBIZ is pleased to announce the release of the full speaker lineup for XBIZ Miami, the latest edition of the adult industry’s premier summer conference, set to take place May 11-14 at the Goodtime Hotel in Miami Beach.

2026 XBIZ Miami Conference Schedule Announced

XBIZ is pleased to announce the release of the full show schedule for XBIZ Miami, set to take place May 11-14 at the Goodtime Hotel in South Beach.

Court of International Trade Rejects Trump 'Replacement' Tariffs

The U.S. Court of International Trade on Thursday ruled that President Trump’s 10% global tariff under the Trade Act of 1974, imposed after the Supreme Court invalidated the administration’s broad “Liberation Day” tariff regime, is illegal — but stopped short of a nationwide injunction against the tariff.

UPDATED: Utah VPN Rule Enforcement Paused in Aylo Lawsuit

Provisions of a new 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 on Wednesday, have been put on hold until Sept. 3 in the case of Aylo, which filed suit in the matter.

JustFor.fans Launches 'JFF Create' iPhone App

JustFor.fans (JFF) has launched its new iPhone creator management app, JFF Create.

ShootXEvents Joins ASACP as Media Sponsor

ShootXEvents has signed on as an in-kind media sponsor for the Association of Sites Advocating Child Protection (ASACP).

Show More