Tennessee Senate Bill SB2041

Tennessee 2023-2024 Regular Session

• Introduced: 1/25/24

Caption

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

Impact

The introduction of civil liability in cases of obscenity could lead to harsher repercussions for violations, as it not only retains existing criminal penalties but adds financial accountability for damages suffered by affected parties. The bill's enforcement mechanism aims to deter violations by increasing the stakes for individuals and entities engaged in obscene conduct. Stakeholders, including advocacy groups and legal experts, may become actively involved in monitoring the implementation of this bill and assessing its effects on litigation patterns and the legal landscape concerning obscenity.

Summary

Senate Bill 2041 aims to amend the Tennessee Code Annotated, specifically targeting the regulations around obscenity. The bill establishes a provision that allows for civil liability against individuals or entities who violate existing obscenity laws. This civil liability includes the possibility of being sued for nominal and actual damages, punitive damages if applicable, as well as court costs and reasonable attorney fees. This expansion in civil liability represents a significant change in how obscenity laws are enforced in Tennessee, potentially leading to increased litigation in this area.

Contention

There are notable concerns surrounding Bill SB2041, particularly regarding the implications of expanded civil liability. Critics may argue that it could lead to excessive lawsuits and a chilling effect on free expression, which some may interpret as the potential for abuse of the legal system. Hence, discussions around the bill might focus on balancing the need for accountability in obscenity-related cases while ensuring that fundamental rights to free speech and expression are not unduly compromised.