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NetChoice Sues Tennessee to Defend Parents Rights, First Amendment and Online Safety

FOR IMMEDIATE RELEASE
CONTACT: PRESS@NETCHOICE.ORG

NASHVILLE, Tenn.—Today, NetChoice sued Tennessee in the U.S. District Court for the Middle District of Tennessee, Nashville Division, to halt another unconstitutional law, HB 1891. We are suing to safeguard free and secure online communication and ensure that parents—not big government—remain in control of their families.

Blocking access to free speech won’t make a single child—or any Tennessean—safe and secure online. 

“HB 1891 violates free speech rights and jeopardizes the cybersecurity of minors and adults by creating a honeypot of sensitive information for hackers. NetChoice is suing to defend free speech online, prevent big government from compromising data security, and protect parents’ rights to make decisions for their families,” said Paul Taske, Associate Director of the NetChoice Litigation Center. “HB 1891 would prevent Tennesseans–minors and adults alike–from discussing politics, catching up with friends, or reading the news online unless they surrender their sensitive personal data first. Not only does this violate the First Amendment, but it also endangers the security of all Tennesseans, particularly children by creating a data target for hackers and criminals.”

Taske continued: “NetChoice has successfully stopped similar laws in six other states. We look forward to defending free expression and safe, secure access to information online in another court.”  

Tennessee lawmakers have regrettably followed the examples set by California, Arkansas, Ohio, Mississippi, Texas and Utah in undermining their citizens’ rights, endangering their online privacy and security and restricting the freedom for families to make their own decisions. NetChoice has secured injunctions in each of these states so far and is confident the U.S. District Court in Tennessee will agree. 

No one knows a child’s individual, unique needs better than their parents. They are the most appropriately positioned to parent their children—on and offline. However, if HB 1891 were to go into effect, parents in Tennessee would be removed as the decision-makers online for their children and replaced by government.

By forcing websites to conduct identity verification, digital services in Tennessee will be required by the government to collect more data on their users, including children. This comes at a time when massive data breaches of government data collectors are becoming more common across America. Governments requiring companies to verify sensitive information will make them increased targets for cybercriminals and predators, making the internet less safe for all Tennesseans—especially children. 

Top Takeaways of NetChoice v. Skrmetti:

  1. Tennessee’s HB 1891 violates the First Amendment because it conditions Tennesseans’ access to vast amounts of protected speech on handing over their sensitive, personal data. 
  2. It harms the security of Tennessee internet users, especially children, by requiring them to surrender sensitive, personal information and creates a new target for hackers and other criminals to exploit.
  3. Parents and guardians are best situated to control their family’s online presence. But HB 1891 usurps the parental role and seizes it for the government. 

You can find our official complaint here and a web page detailing our resources for NetChoice v. Skrmetti here

Please contact press@netchoice.org with inquiries.