Federal Judge Upholds Injunction Against Tennessee AV Law Pending Appeal

Federal Judge Upholds Injunction Against Tennessee AV Law Pending Appeal

NASHVILLE, Tenn. — A federal judge has denied Tennessee Attorney General Jonathan Skrmetti's motion to lift an injunction against enforcement of the state's new age verification law, which was scheduled to go into effect Jan. 1.

On Monday, Judge Sheryl H. Lipman of the U.S. District Court for the Western District of Tennessee granted a motion filed by Free Speech Coalition (FSC) for a preliminary injunction against enforcement of the Protect Tennessee Minors Act. Skrmetti, the defendant in the FSC lawsuit, then filed an appeal with the 6th Circuit Court of Appeals. On Tuesday, he also filed an emergency motion to stay the injunction until the 6th Circuit issues its ruling. Lipman denied the stay.

"The Attorney General's argument that Tennessee citizens will be irreparably harmed absent a stay on the injunction is also unpersuasive," Lipman wrote in her decision. "Tennessee citizens have been able to access any website without restriction for decades. Continuing to do so while the Attorney General's appeal makes its way to the Sixth Circuit will pose no additional harm, especially when parents can restrict access themselves."

As a result, the Tennessee law will be prevented from taking effect at least until the 6th Circuit decides on Skrmetti's appeal.

Across the country, several lawsuits against state age verification laws have been paused at the request of either FSC or, in at least one case, a state attorney general, pending the U.S. Supreme Court's ruling on the Texas age verification law in Free Speech Coalition et al. v. Paxton. Oral arguments in that case are scheduled for later this month.

Adult industry attorney and First Amendment expert Corey D. Silverstein, who filed an amicus brief on behalf of the Electronic Frontier Foundation and the Woodhull Freedom Foundation in the Texas case, praised Lipman's wisdom in deciding not to grant the stay.

"Judge Lipman’s order confirmed what First Amendment advocates across the country have been saying since this tidal wave of unconstitutional age verification laws started," he told XBIZ. 

Silverstein also expressed confidence that in the Tennessee case, the 6th Circuit will not repeat what he termed the 5th Circuit's "erroneous decision" to uphold the Texas law, which led to the upcoming Supreme Court hearing.

FSC declined to comment as the case is in active litigation.

Copyright © 2025 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

Nerdgasm: A Look at the Naughty Side of Pop Culture Geekdom

From “Call of Duty” to cosplay, from tabletop dice rolls to dungeon-inspired dirty talk, the worlds of geek fandom and fantasy are no longer confined to the basement. They’ve kicked down the door, shed the “Firefly” tee and gone full frontal.

Kyrgyzstan Parliament Moves to Outlaw Internet Pornography

A parliamentary committee of the Supreme Council of Kyrgyzstan on Tuesday approved a measure to outlaw online adult content in the country.

Sweden Bans Purchase of 'Remote' Sexual Services

The Riksdag, Sweden’s parliament, has approved a proposal to criminalize purchasing sexual services performed remotely by streamers and custom content creators.

Asa Akira to Deliver XBIZ Talk at Miami Conference

XBIZ is pleased to announce that decorated performer, Pornhub brand ambassador, and author Asa Akira is set to deliver an exclusive talk at XBIZ Miami.

JustFor.fans Launches 'Fentanyl Test Strip' Initiative

JustFor.fans (JFF) has launched a test strip initiative to combat the nationwide fentanyl crisis.

2025 XBIZ Miami Speaker 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 19-22 at the Nautilus Sonesta Miami Beach hotel in South Beach.

AV Bulletin: Arizona's About-Face, What New Laws Mean for Adult

Industry stakeholders and free speech advocates have anxiously been awaiting the Supreme Court’s decision in Free Speech Coalition v. Paxton, which could significantly impact state age verification laws around the United States. In the meantime, state legislatures continue to weigh and pass AV bills, the U.K. and the EU are moving ahead with their own AV mandates and strategies, and legal challenges continue to play out in U.S. courts — with some cases on hold pending the SCOTUS ruling in Paxton.

Million Billion Media Launches New Website

Management and PR agency Million Billion Media (MBM) has launched a new website.

'Neon Nightswim' Party Returns to XBIZ Miami

XBIZ is pleased to announce that the annual Neon Nightswim Pool Party will once again illuminate XBIZ Miami on Tuesday, May 20.

FSC Addresses UK Age Verification Guidelines

The Free Speech Coalition (FSC) has published an article offering guidance on the U.K.'s Online Safety Act and the various guidelines put forward by the country's telecommunications regulator Ofcom.The article follows:

Show More