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This case concerns Plaintiff Backpage.com, LLC's challenge to a Tennessee law, Tenn. Code Ann. § 39-13-315, that criminalizes selling certain sex-oriented advertisements. Backpage.com argued the law is preempted by the federal Communications Decency Act (CDA) and violates the First Amendment and Commerce Clause of the U.S. Constitution. The Court granted Backpage.com's motion for a preliminary injunction, finding the plaintiff demonstrated a strong likelihood of success on the merits. The Court concluded the state law is likely preempted by the CDA, is unconstitutionally vague and overbroad, and violates the First Amendment’s scienter requirement, content-based speech restrictions, and the Commerce Clause's limitations on extraterritorial regulation. Consequently, the Court enjoined the enforcement of Tenn. Code Ann. § 39-13-315.
Backpage.Com, LLC v. Cooper is a workers' compensation case decided in District Court, M.D. Tennessee. This case addresses legal issues related to compensation claims, benefits, and court rulings.
It is commonly referenced in legal research involving workers' compensation laws in District Court, M.D. Tennessee.
Full Decision Text1 Pages
This case concerns Plaintiff Backpage.com, LLC's challenge to a Tennessee law, Tenn. Code Ann. § 39-13-315, that criminalizes selling certain sex-oriented advertisements. Backpage.com argued the law is preempted by the federal Communications Decency Act (CDA) and violates the First Amendment and Commerce Clause of the U.S. Constitution. The Court granted Backpage.com's motion for a preliminary injunction, finding the plaintiff demonstrated a strong likelihood of success on the merits. The Court concluded the state law is likely preempted by the CDA, is unconstitutionally vague and overbroad, and violates the First Amendment’s scienter requirement, content-based speech restrictions, and the Commerce Clause's limitations on extraterritorial regulation. Consequently, the Court enjoined the enforcement of Tenn. Code Ann. § 39-13-315.
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