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NetChoice v. Skrmetti (Tennessee)

Key Takeaways:
  • Tennessee's HB 1891 violates the First Amendment by restricting access to online speech.
  • The law will undermine the safety of all Tennesseans by requiring sensitive personal data to access speech, endangering all internet users, especially minors.
  • Parents are the most appropriate decision-makers online for their children—not big government. NetChoice will continue to defend Tennesseans' parental rights, data security and free speech online.
What's At Stake
  • Tennessee’s HB 1891 violates the First Amendment by forcing residents to give up personal data to access protected speech.
  • It puts all Tennesseans' security at risk, especially children, by creating a honeypot of data for cybercriminals and online predators to attack.
  • This law usurps power from parents, allowing the government to control the online experience.
  • NetChoice will fight to protect the internet safe for free expression and free enterprise in Tennessee.
Case Brief

Case Status: Complaint Filed in the U.S. District Court for the Middle District of Tennessee—Nashville Division

Latest Update: October 3, 2024

Attorneys:
Steve Lehotsky Scott Keller Jeremy Evan Maltz Jared Magnuson Josh Morrow Shannon Grammel

Firms:
Lehotsky Keller Cohn

Timeline
  • U.S. District Court for the Middle District of Tennessee—Nashville Division
    Complaint Filed October 3, 2024

NetChoice is suing the State of Tennessee to keep online communication safe and free and ensure meaningful and legal—not unconstitutional—legislation is implemented to protect families and their rights online.

Tennessee’s HB 1891 is a serious overstep that goes against First Amendment rights by forcing private businesses to restrict its citizens’ access to protected speech unless they hand over documentation. Its vague, unclear provisions lack the clear compliance standards required for government restrictions on speech. Free expression and access to information are core, constitutional guarantees in America, and Tennessee’s government may not infringe on those rights.

HB 1891 doesn’t protect kids like it claims—it actually puts them at greater risk. By making websites collect private, sensitive documents to prove Tennesseans’ identities and ages, it gives cybercriminals and predators a clear target online. Imagine having to hand over your ID just to visit a website. That information could easily be stolen. Further, HB 1891 takes away parents’ right to decide what’s best for their kids and forces a one-size-fits-all rule that doesn’t account for the individual, unique needs of children. No one knows or understands their child’s needs better than parents. It could also leave some teens, especially those without steady family support, without access to important online resources.

Tennessee’s HB 1891 makes the internet less safe, more invasive and limits freedom. NetChoice is confident the Court will recognize this and halt it.

Chris Marchese, Director of the NetChoice Litigation Center

Link to bio

Paul Taske, Associate Director of Litigation

Link to bio

Court Filings

NetChoice Complaint, filed October 3, 2024, in the U.S. District Court for the Middle District of Tennessee, Nashville Division.

NetChoice Motion for Preliminary Injunction, filed Oct. 3, 2024, in the United States District Court for the Middle District of Tennessee.

  • Memo supporting the motion for preliminary injunction.