OnlyFans content creators and consumers in Tennessee can breathe a sigh of relief. The State of Tennessee was gearing up to make accessing explicit material online harder than it has to be, but that process has hit a major roadblock. The Protect Tennessee Minors Act has been blocked by a federal court, protecting creators’ right to share content and consumers’ right to access that content.
If you read the above and were like, “Wait, what?”, here’s a general overview of what was going on. The Protect Tennessee Minors Act was aimed at enforcing strict age-verification requirements for adults-only content sites. The powers that be behind the proposed law claimed that it would protect minors from harmful online content, but when you looked closer at the fine print, there was reason to be concerned. The vague language made some pretty broad sweeps that could go so far as to criminalize content creators and website operators for minor infractions. There was also language in the bill that threatened the livelihoods of content creators who make adults-only content, especially those who create on platforms like OnlyFans.
Lucky for all involved (except for maybe advocates for the problematic law—they’re probably not having a good time right now), Chief U.S. District Judge Sheryl H. Lipman sided with free speech advocates and has blocked the law from going into effect. Judge Lipman stated that while the state’s goal to protect minors online has merit, the bill utterly failed to respect First Amendment rights as a whole, and that the law would suppress lawful adult expression. This is huge for multiple reasons, but the biggies are:
- Content platforms that cater to adults—like OnlyFans—can continue to operate in the state of Tennessee.
- This ruling sets a precedent for other states that have been working to tee up similar laws.
Laws like the Protect Tennessee Minors Act look like a good idea on the surface, but when you get into the text, you realize that the intent isn’t actually to keep underage eyeballs from accessing content that isn’t meant for them so much as it’s meant to attempt to criminalize the content itself. Content creators on sites like OnlyFans are creating their content with the intent that it will only be seen by adult eyes. They don’t want minors seeing their content any more than the pearl clutchers do. Adults-only content creators rely on platforms like OnlyFans for financial independence and full creative control—creative control that allows them to be fully in charge of the content they create and the conditions in which they work. The Protect Tennessee Minors Act and similar laws disproportionately affect small, independent creators who are fully at the mercy of what they are and aren’t allowed to create in the state in which they work. Criminalizing that work is a direct violation of their First Amendment rights.
Consumers’ rights would be violated by the law as well, as adult consumers of explicit content have the right to access such content. As long as the material they are consuming was made and shared consensually, they are well within their rights to access whatever adults-only content makes their heart sing. There’s really no need to invite the government into their own personal spank candy time.
The Free Speech Coalition had their work cut out for them this time, and they aren’t done yet. The FSC was established in 1991, and its primary mission is to protect the rights and freedoms of individuals and businesses involved in producing, distributing, and consuming adult content. In this particular case, they worked with multiple co-plaintiffs, including MelRose Michaels and even platforms like JustFor.Fans. Tennessee is just one victory in a much larger battle. The FSC is gearing up to go to the mat for a similar case out of Texas that is set to be heard by the Supreme Court.
It’s easy to read all of this and think, “Cool, so we’re done with this?” but we’re not. Age-verification laws seem like they’re a reasonable idea, but it’s a slippery slope that leads to censorship and overregulation. Where you have censorship and overregulation, you have adult content that is illegal being done on the sly. When adult content is done on the sly, you have content creators—and sex workers—being put at risk. When sex workers are at risk, the danger of exploitation goes up for the very children you were trying to protect in the first place. Platforms like OnlyFans democratize content creation and provide autonomy for content creators. When content creators are given the freedom to create in protected circumstances, everyone is safer, and the content creators wind up being fairly compensated for their time. Restrictive laws disproportionately harm marginalized groups, independent content creators, and yes—the very same children you thought you were advocating for.
The ruling in Tennessee is a victory for free speech advocates everywhere. Online creators and those who consume adults-only content in Tennessee can breathe easily for a minute, but there is still a battle ahead for those trying to protect the production of and access to adults-only content. If you want to follow along, make sure to keep an eye on organizations like the FSC that are actively working to protect digital freedom. Next time you log into OnlyFans, remember—it’s not just about supporting your favorite content creators. It’s about defending free speech, one monthly subscription at a time.
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