From Rep. Aftyn Behn <[email protected]>
Subject We sued Tennessee to protect your First Amendment Right — And Won.
Date July 24, 2025 12:31 PM
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“Representative, can you define what ‘recruit’ means?”
It was the Spring of last year, and I was sitting in the House Health committee, listening to one of my colleagues aggressively obfuscate an answer to the question. At the time, we were in the process of “debating” the “abortion trafficking” bill. I use quotations for both because, as many of you know in Tennessee, the Supermajority hinders any actual, substantive debate on anything, and the bill at the center of this discussion was not about “abortion trafficking” at all.
Out of the gate, the Republicans messaged this bill as one to enshrine parental rights and to criminalize the not-actually-happening-nor-any-proof-of individuals taking kids out of state for abortions. When asked to provide an example of this ever happening, he, yet again, obfuscated.
With the Supermajority, nothing ever is as it seems. Once you peeled back the layers, the impetus for this bill suddenly became clearer. Hidden deep beneath the frothing rhetoric was an attempt to limit our ability to speak about issues the regime finds sensitive and to test the waters when it came to the federally protected Commerce Clause —also known as your right to travel across state lines.
Not to get into the weeds, but the word “recruit” is used in the bill, and based on model language from national anti-choice groups, it was deliberately left vague—designed to intimidate, not to clarify. It’s a scare tactic, a legal booby trap meant to criminalize conversations, chill speech, and target those of us who provide information to those seeking care. Although the focus is on abortion access at the moment, the goal is to test how far they can push the boundaries of criminalizing protected speech.
I knew the House Sponsor couldn’t resist overreaching if I gave him the chance—we needed him to take the bait to strengthen our legal challenge. So the morning of the House Floor debate, I threw chum in the water by posting that I would risk arrest if the bill passed. And just like Goliath laughing off the shepherd boy in 1 Samuel 17, his arrogance sealed his fate.
When asked once again what the word “recruit” actually meant in the bill, he didn’t clarify. Instead, he pointed at me, read my tweet aloud on the House floor, and declared, “THAT is exactly what ‘recruit’ means.” That moment—his on-the-record interpretation—became the final piece we needed for the lawsuit. (I would later go on to call the House Sponsor “smug” during this interaction, for which I was called out of order and sentenced to a two-minute probation.)
A few months later, a federal judge ordered that the transcript of that floor exchange be read aloud—right in front of lawyers from the Tennessee Attorney General’s office. They sat stone-faced as it became clear: the definition of “recruit” in the law didn’t rest on any clear statutory language, but on one legislator’s off-the-cuff interpretation of my tweet. (The judge graciously omitted my “smug” comment from the reading.)
I wanted to provide more context for this legal win, as it reveals a great deal about why I do this work and why I’m running for Congress. It demonstrates that I care deeply about strategy—not just reacting for clicks or sound bites, but actively utilizing every tool we have, from the courts to the streets to the Capitol floor, to halt their agenda and advance our own. When the GOP supermajority tried to criminalize speech they didn’t like, we didn’t just get angry—we built a legal case, coordinated with movement partners and attorneys, and we won.
That’s the kind of leadership we need in Congress right now.
I’m not running for Congress just because I rolled out of bed and decided to. I’m running because Tennessee is at the epicenter of a coordinated far-right effort to dismantle our civil liberties, privatize the public good, and criminalize dissent—and I’m not afraid to meet that threat head-on with intentionality and strategic direction. I’ve demonstrated that I know how to fight smart, take calculated risks, and win, even in hostile territory. Imagine what we could accomplish with a larger platform, a federal megaphone, and additional resources to protect our people.
This congressional race is a vehicle to show the entire country that places like Tennessee are worth fighting for, and that despite incredibly oppressive circumstances, we’re still winning.
Aftyn
P.S. Huge love and gratitude to my co-plaintiff Rachel Welty, and to our powerhouse legal team—Daniel Horwitz, Megan Dix, and Sarah Marin—who took this case on knowing exactly how high the stakes were.
Announcements
CONGRESSIONAL CAMPAIGN
We announced on July 9th and kicked it into high gear! Our campaign has not only has visited six out of the thirteen counties, but we’ve also made it to News Nation (not be confused with News Max) and to CNN!
If you want to volunteer, we’re currently offering opportunities for:
Phonebanking (virtual and in-person)
Taking pictures at events
Making deliveries
Showing me around your county (if you live in CD7)
FOR MY HD51 CONSTITUENTS
Thank you, thank you, thank you for all the cheerleading, encouragement, and support in this race! I was having drinks with a constituent at Lockeland Table the other night when I turned around and heard, “So when do we start knocking doors?!” I’ve been overwhelmed—in the best way—by the love and enthusiasm. Truly, thank you from the bottom of my heart.
Even though I’m running for Congress, I’m still your State Representative. I’ve reserved Tuesdays for in-office meetings and Wednesdays for in-district visits, and I’d love to meet with you.
Need a resolution for a wedding, retirement, or bar mitzvah? Don’t hesitate to reach out!
Here’s how to get in touch:
If you want to schedule an in-person meeting or have a legislative question, please contact Abby Plemmons at (615) 741-3229 or [email protected] [ mailto:[email protected] ].
If you live in House District 51 and want to talk about the congressional race, please email [email protected] [ mailto:[email protected] ] or call (629) 276-4000—a team member will respond within 24 hours.
MADISON HISPANIC COMMUNITY MEETING
This Saturday evening, July 26th, our office is hosting a Hispanic community meeting in Madison to review the community needs assessment results and to connect members with resources. Due to security reasons, if you would like to attend, please text 615-953-0580 with your full name. A member of our team will provide you with the details following vetting.
In the Press
State Rep. Aftyn Behn announces congressional run [ [link removed] ]
Judge blocks portion of abortion trafficking law in Tennessee [ [link removed] ]
Williamson County Democrats March at ‘Good Trouble Marches On’ Rally [ [link removed] ]
Democratic candidates for Congress make pitch at Blue South BBQ | PHOTOS [ [link removed] ]
Court Blocks ‘Abortion Trafficking’ Law [ [link removed] ]
On the Go
HOUSE CHAMBER — I hosted the first CUPS civics class in the House chamber, teaching high school students about the Tennessee legislature and how they can get involved in their community!
CLARKSVILLE — Fear and loathing on the campaign trail? I think not! Although we have a Democratic primary, we’ve been all smiles at various campaign events… making our pitch to voters as to why they should elect us. (Rep. Vincent Dixie on my left and Rep. Ronnie Glynn on my right.)
AFL-CIO Union Bus Tour in Nashville — The “It’s Better in a Union” bus tour stopped in Nashville, Tennessee, on Friday for a worker roundtable and press conference on how President Trump’s cuts to vital job-building programs and services are harming working Tennesseans.
CNN Studio in DC — I had an interview with Audie Cornish, and we discussed how young people are tired of waiting and ready to shake things up in Washington. The next generation isn’t just demanding change — we’re here to make it happen.
TNDP Three Star Dinner in Nashville — Terrific time at the annual TNDP dinner. Took a quick photo with Rep. Steve Cohen from Memphis.
CAMPAIGN LAUNCH — A big thank you to everyone who showed up for the 7 AM roll call on July 9th! I was so moved by your commitment to this race and grateful for the support!
NASHVILLE PRIDE — I joined Conexión Américas to walk in Nashville’s PRIDE parade. Grateful to all the organizers and sponsors who put together this massive event to make Broadway gay!
If you want to see anything in this newsletter, please e-mail us at [email protected]. We aim to please and give the people what they want! 😘
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