Legal Question in Constitutional Law in Tennessee

Obscenity Laws in Tennessee

Scenario: I live in Tennessee and am wanting to order an adult video tape that I found on a website. I understand that Tenn. obscenity laws prohibit access to any materials that may be judged 'obscene' based upon 'contemporary community standards'. I believe that the tape I want to order would fall into that category. To gain entry to the site you must pass through a 'disclaimer' page that states that, if you proceed, you must agree not to order materials that would violate local obscenity laws in your area. HERE IS MY QUESTION: If I were to order the tape and the government (or whoever monitors these things) found this 'obscene' material being shipped to Tenn, what legal problems could the producer/shipper of the tape suffer AND would that person have recourse to sue me (for violating the agreement on the site's 'disclaimer' page)?


Asked on 4/03/00, 2:47 pm

1 Answer from Attorneys
Ken Koury Kenneth P. Koury, Esq.

Re: Obscenity Laws in Tennessee

No, you can not be sued by them. You do not have a legal obligation to prevent them from committing a crime nor do you have any obligation to decide for them whether or not they can ship it to your state.

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Answered on 4/18/00, 10:08 pm


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