Lesson 2 of 5
Your Liberties Under Tennessee Law
Speech and press, arms, searches, fair trials and property in Tennessee's Article I.
The text
That the people shall be secure in their persons, houses, papers and possessions, from unreasonable searches and seizures; and that general warrants, whereby an officer may be commanded to search suspected places, without evidence of the fact committed, or to seize any person or persons not named, whose offences are not particularly described and supported by evidence, are dangerous to liberty, and ought not to be granted.
That no man shall be taken or imprisoned, or disseized of his freehold, liberties or privileges, or outlawed, or exiled, or in any manner destroyed or deprived of his life, liberty or property, but by the judgment of his peers, or the law of the land.
That in all criminal prosecutions, the accused hath the right to be heard by himself and his counsel; to demand the nature and cause of the accusation against him, and to have a copy thereof, to meet the witnesses face to face, to have compulsory process for obtaining witnesses in his favor, and in prosecutions by indictment or presentment, a speedy public trial, by an impartial jury of the County in which the crime shall have been committed, and shall not be compelled to give evidence against himself.
That all courts shall be open; and every man, for an injury done him in his lands, goods, person or reputation, shall have remedy by due course of law, and right and justice administered without sale, denial, or delay. Suits may be brought against the State in such manner and in such courts as the Legislature may by law direct.
That the printing press shall be free to every person to examine the proceedings of the Legislature; or of any branch or officer of the government, and no law shall ever be made to restrain the right thereof. The free communication of thoughts and opinions, is one of the invaluable rights of man and every citizen may freely speak, write, and print on any subject, being responsible for the abuse of that liberty. But in prosecutions for the publication of papers investigating the official conduct of officers, or men in public capacity, the truth thereof may be given in evidence; and in all indictments for libel, the jury shall have a right to determine the law and the facts, under the direction of the court, as in other criminal cases.
That no man's particular services shall be demanded, or property taken, or applied to public use, without the consent of his representatives, or without just compensation being made therefore.
That the citizens have a right, in a peaceable manner, to assemble together for their common good, to instruct their representatives, and to apply to those invested with the powers of government for redress of grievances, or other proper purposes, by address or remonstrance.
That the citizens of this State have a right to keep and to bear arms for their common defense; but the Legislature shall have power, by law, to regulate the wearing of arms with a view to prevent crime.
Speech and the press (Section 19)
Tennessee protects the press specifically as a watchdog: it "shall be free to every person to examine the proceedings of the Legislature; or of any branch or officer of the government, and no law shall ever be made to restrain the right thereof." Every citizen "may freely speak, write, and print on any subject, being responsible for the abuse of that liberty." When someone is prosecuted for publishing an investigation of officials' conduct, the truth may be offered in defense.
Searches and seizures (Section 7)
Tennessee condemns general warrants by name: warrants to search "suspected places, without evidence of the fact committed," or to seize people "not named," are "dangerous to liberty, and ought not to be granted."
Due process and fair trials (Sections 6, 8, 9, 14-17)
- Law of the land (Section 8): No one may be imprisoned, stripped of property or liberties, or exiled "but by the judgment of his peers, or the law of the land," language that traces back to Magna Carta (1215).
- Rights of the accused (Section 9): to be heard personally and through counsel, to get a copy of the accusation, to meet the witnesses "face to face," to compel witnesses, in prosecutions by indictment or presentment a speedy public trial "by an impartial jury of the County in which the crime shall have been committed," and no compelled self-incrimination.
- Indictment (Section 14), bail and habeas corpus (Section 15), no excessive bail or cruel punishment (Section 16).
- Open courts (Section 17): "all courts shall be open," with a remedy for every injury and justice "without sale, denial, or delay."
Arms (Sections 24 and 26)
Section 26: "the citizens of this State have a right to keep and to bear arms for their common defense; but the Legislature shall have power, by law, to regulate the wearing of arms with a view to prevent crime." Since July 1, 2021 (Public Chapter 108), Tennessee's statute has made it an exception to the unlawful-carry offense for a person who lawfully possesses a handgun, is in a place where he is lawfully present, and is at least 21, or at least 18 and an honorably discharged veteran or an active-duty service member who has completed basic training. In January 2023, to settle a federal lawsuit (Beeler v. Long, No. 3:21-cv-152, E.D. Tenn.), the State agreed that restricting 18- to 20-year-olds from carrying handguns or obtaining carry permits on the basis of age alone violates the Second and Fourteenth Amendments, and it submitted an agreed order barring the Department of Safety from enforcing those age limits. In 2025 (Public Chapter 356) the General Assembly lowered the statutory minimum age for an enhanced handgun carry permit from 21 to 18. Carry laws change often and some places remain off-limits, so check the Department of Safety's handgun permit pages and current law before you carry. Section 24 calls a "well regulated militia" the "sure and certain defense of a free people" and keeps the military subordinate to civil authority.
Property and contracts (Sections 20-22)
No retrospective laws or laws impairing contracts (Section 20); no taking of property or services for public use without the consent of the people's representatives or just compensation (Section 21); and no perpetuities or monopolies (Section 22).
Assembly and instruction (Section 23)
Citizens may assemble peaceably, "instruct their representatives," and petition for redress of grievances. Lesson 5 shows how to use this right.
Check your understanding
This lesson is educational and is not legal advice. Laws and procedures change; confirm current rules with the official sources linked above.