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

Cherie DeVille Joins Woodhull Freedom Foundation 'Free Speech' Panel

Multi-XMAs winner Cherie DeVille will join the upcoming Woodhull Freedom Foundation panel series "Fact Checked by Woodhull," addressing free speech on Feb. 26.

Wisconsin AV Bill Moves Ahead, Minus Anti-VPN Provisions

The Wisconsin state Senate on Wednesday advanced a bill that would require adult websites to verify the ages of users, but approved an amendment striking proposed language that would have required sites to block virtual private network traffic.

Pineapple Support Introduces 'Wellbeing by PS' Service

Pineapple Support has debuted its new Wellbeing by PS service, providing mental health support packages for companies and agencies.

MyMember.site Integrates Bluesky Functionality

MyMember.site has added Bluesky features to its website management platform.

GirlsDoPorn Defendants Ordered to Pay Victims $75.5 Million

A federal court has ordered former GirlsDoPorn owner Michael Pratt and his co-defendants in the GDP sex trafficking case to pay restitution totaling $75,568,283.47 to 106 victims.

SWR Data Publishes 'Clip Trend' Report

Adult industry market research outfit SWR Data has published a report on the performance of clip platforms and sales.

Another German Court Rejects Blocking Orders Against Pornhub, YouPorn

A German court has blocked the Rhineland-Palatinate Media Authority (MA RLP) from forcing telecom providers based within the court’s jurisdiction to cut off access to Aylo-owned adult sites Pornhub and YouPorn.

Ofcom Fines Kick Online Entertainment $1 Million for AV Noncompliance

U.K. media regulator Ofcom on Thursday fined Kick Online Entertainment 800,000 pounds (more than $1 million) for failing to implement age checks as required for compliance with the Online Safety Act.

FSC Details Legislative Outlook for 2026

The Free Speech Coalition (FSC) has laid out the legislative outlook for the industry in 2026.

AEBN Publishes Popular Searches by Country for December, January

AEBN has released the list of popular searches from its straight and gay theaters, by country, for December and January.

Show More