Sarah Holliday writes for The Washington Stand, which is Family Research Council’s Washington-based outlet for news and commentary from a biblical worldview.
Does protecting kids from being exposed to pornography suppress the free speech rights of adults? According to U.S. District Judge Sheryl Lipman of Memphis, Tennessee, the answer is yes. But her opinion may be in the minority.
In recent months, at least 19 states have passed laws that require age verification on porn sites to help decrease the chances of minors accessing them. Tennessee is the latest to join in this effort through the Protect Tennessee Minors Act, which was supposed to go into effect on Jan. 1. Lipman, however, largely blocked the law in court because she believed it would “likely suppress the First Amendment free speech rights of adults without actually preventing children from accessing the harmful material in question.”
The Daily Wire’s Matt Walsh responded with skepticism: “The judge is saying that we should not [enact this law] at all because it won’t succeed in actually preventing every child from accessing porn. Okay, but it will prevent some of them, won’t it?” According to Walsh, the judge’s argument is that “if it’s a measure that will not prevent every child from seeing [porn], then we might as well prevent no child from seeing it. That’s the argument, which … we would never apply to anything else.”
On Wednesday’s episode of “Washington Watch,” Tennessee Attorney General Jonathan Skrmetti, a Republican, weighed in on the conversation with Family Research Council President Tony Perkins. Skrmetti has asked a federal appeals court to allow the legislation to take effect despite ongoing litigation. “[T]he Protect Tennessee Minors Act is intended to make sure that only adults are able to access explicit, obscene material on the internet,” he said. “[T]here’s evidence all over the place of children who can access some really disturbing and horrible stuff with virtually no effort [as] it just pervades the internet.” […]
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