Tennessee House Bill HB2159

Tennessee 2023-2024 Regular Session

• Introduced: 1/25/24
• Refer: 1/31/24
• Refer: 2/20/24
• Refer: 2/27/24
• Engrossed: 3/5/24

Caption

AN ACT to amend Tennessee Code Annotated, Title 39, Chapter 17, Part 9, relative to obscenity.

Impact

The proposed changes could invoke significant shifts in how obscenity is handled within Tennessee. By allowing for civil actions, individuals and entities that feel harmed by materials deemed obscene can now pursue financial compensation in court, thus potentially increasing the volume of litigation surrounding obscenity cases. The bill emphasizes a dual approach towards regulating obscenity, merging criminal penalties with civil remedies, which could serve to bolster enforcement by providing more avenues for legal recourse.

Summary

House Bill 2159 aims to amend Tennessee Code Annotated, specifically targeting the regulation of obscenity. The bill introduces provisions that allow for civil liability, allowing injured parties to seek damages not just for nominal claims, but also actual damages and, where applicable, punitive damages. Moreover, it establishes a pathway for recovering court costs and reasonable attorney fees as determined by the court. The intent behind this legislation is to enhance the enforcement capabilities related to obscenity, thereby providing individuals with a mechanism to seek redress in addition to potential criminal penalties.

Procedure

HB2159 was presented for a vote and successfully passed, reflecting a favorable disposition among the General Assembly members. Its seamless progress suggests a general consensus, at least among the majority faction, that the provisions outlined in the bill are necessary for addressing issues of obscenity and protecting citizens' rights to seek compensation for any violations they might endure.

Contention

While the bill received substantial support during its voting process, it may not be without contention. Some legislators might question the implications of increasing civil liabilities concerning obscenity, potentially leading to an influx of lawsuits that could burden the judicial system. Critics may argue that such provisions might be used excessively, creating a chilling effect on free expression. Discussions around the bill have likely encompassed concerns over balancing the rights of individuals to seek damages against the need to maintain public discourse and freedoms of speech and expression.