2025 New State Laws

NASHVILLE (January 2) — As we ring in the New Year, several new laws took effect January 1, 2025 across Tennessee. Two of the largest pieces of legislation were designed in protecting minors on the Internet; Protecting Children from Social Media Act (HB1891) and Protect Tennessee Minors Act (SB1792). While the laws require age verification of users to be either 18 years old or have parental consent, the Protect Tennessee Minors Act has found its way into Federal Court.

On Tuesday, District Court Judge Sheryl Lipman agreed to an injunction blocking the Protect Tennessee Minors Act. The act would in essence require age verification to view pornographic material via the web. The verbiage of statute says that material “considered ‘content harmful to minors’ under this bill when, taken as a whole, they lack serious literary, artistic, political, or scientific value for minors: (1) Text, audio, imagery, or video the average person, applying contemporary community standards and taking the material as a whole and with respect to minors of any age, would find sexually explicit and harmful or inappropriate for minors or designed to appeal to or pander to the prurient interest; or (2) Text, audio, imagery, or video that exploits, is devoted to, or principally consists of an actual, simulated, or animated display or depiction of specific parts of a body or acts as described in the bill.”

Tennessee Attorney General Jonathan Skrmetti has asked the federal appeals court to allow the Protect Tennessee Minors Act to take effect while litigation proceeds. Attorney General Skrmetti stated,“The Protect Tennessee Minors Act institutes common sense age verification to stop kids from accessing explicit obscene content while protecting the privacy of adults who choose to do so. Adults regularly have to prove their age to do things kids aren’t allowed to do, like vote, buy a gun, or go to a bar. Other appellate courts, including the United States Supreme Court, have allowed similar laws to go into effect. We are asking the Sixth Circuit to let the Protect Tennessee Minors Act take effect while the litigation proceeds.”

Judge Lipman said of the legislation, “The legislature has a compelling interest in protecting children from harmful content, and that is uncontested. But in its attempt to protect children, the State will unavoidably suppress a large amount of speech that adults have a First Amendment right to give and receive.”

The law requires companies whose content is deemed “inappropriate for minors” to use age-verification software. Violation of the law would be classified as a Class C felony. The Free Speech Coalition and four companies sued in federal court.

State Representative Tandy Darby (R-Greenfield-District 76) said, “Pornography can have damaging impacts on a child’s development and mental health. This harmful content is more accessible than ever before and unfortunately, children and teens across the country are viewing it in staggering numbers. Tennessee Republicans have worked hard to protect minors and this common-sense law will help keep dangerous material out of their reach. I’m confident Attorney General Skrmetti will succeed in ensuring this law can take effect.”

Dr. Brock Martin (R-Huntingdon-District 79), “The intent of this bill is to protect children from pornographic materials and other harmful sites that they could access while online. While we must always protect First Amendment rights, I believe the current injunction will be lifted once the appeal process is complete. Our objective of the Tennessee General Assembly is to protect minors and this bill does just that.

Free Speech Coalition Executive Director Alison Boden said of the legislation, “This is a deeply flawed law that puts website operators at risk of criminal prosecution for something as trivial as a mention of the human nipple.”

The Free Speech Coalition and those joining in the lawsuit based their argument on the First and Fourteenth Amendments. They claim the laws violate protected speech and label websites as “adult businesses” and it is “impermissibly vague” violating the Due Process Clause.

Search engines, Internet service providers and public interest broadcast and publications would be excluded from this requirement.

The Protecting Children from Social Media Act requires social media companies to verify users’ ages. If a minor creates an account, the company needs to verify a parent has given permission first. The law itself is rather vague and will have to be interpreted by the courts.

From its basic wording, if a parent finds out a social media site violated this law by allowing a minor to create an account without parental permission, they can file a complaint with the state attorney general’s office, which will investigate. Tennessee’s version is modeled after Louisiana’s law.

Here’s a full list of laws taking effect at the beginning of 2025:

HB0323: Amends TCA Title 67. Makes various revisions to present tax law.

HB0885: Amends TCA Title 53, Title 56, and Title 71. Enacts the “Prior Authorization Fairness Act.”

HB1482: Amends TCA Title 40, Chapter 11, Part 4. Allows virtual classes for bail agents, revises continuing education fees, and prohibits those with specific convictions from attending.

HB1814: Amends TCA Title 66. Requires landlords to disclose certain contact information to tenants.

HB1891: Amends TCA Title 47, Chapter 18. Creates the “Protecting Children from Social Media Act.”

HB2553: Action: Amends TCA Title 43, Title 44, Title 47, Title 48, and Title 66. Changes restrictions on land purchases by sanctioned foreign entities.

HB2683: Action: Amends TCA Title 4 and Title 8. Revises hazardous duty supplemental benefits laws.

SB0107: Amends TCA Title 55. Allows parents/guardians to apply for a disability communication designation in the Tennessee Vehicle Title and Registration System (VTRS).

SB0624: Amends TCA Title 37, Title 39, and Title 40. Revises laws relating to juvenile courts and proceedings.

SB0734: Amends TCA Title 33, Title 50, Title 56, Title 63, and Title 68. Enacts the “Tennessee Wellness Law.”

SB0898: Amends TCA Title 4 and Title 63. Creates a music therapist advisory committee under the Board of Examiners in Psychology.

SB0937: Amends TCA Title 49, Title 63, and Title 68. Enacts the “Graduate Physicians Act.”

SB1792: Amends TCA Title 39 and Title 47. Enacts the “Protect Tennessee Minors Act,” requiring websites to verify ages for harmful content.

SB1798: Amends TCA Title 57. Requires server permit applicants to complete alcohol awareness training.

SB1919: Amends TCA Title 56. Requires health plans to provide 12-month contraceptive refills unless otherwise specified.

SB1936: Amends TCA Title 63. Revises rules for international medical school graduates seeking special licenses.

SB2129: Amends TCA Title 57. Revises laws on intoxicating liquors.

SB2307: Amends TCA Title 67. Adds hydrogen gas to alternative fuels under fuel tax law and exempts it from sales tax.

SB2578: Amends TCA Section 62-5-414. Revises provisions for the “pre-need funeral account.”