Tennessee home of the The Scopes Trial?formally known as The State of Tennessee v. Scopes and informally known as the Scopes Monkey Trial.

If this law is objectionable, it would be in its application to non criminal behavior.

If this law is applied in a strict scope of its legislative intent it would be upheld under the 1st Amendment.

The Overbreath Doctrine would not apply if the conviction was in a case of images used in Criminal Harassment (a criminal offense).