A federal judge says Tennessee's first-in-the-nation law designed to place strict limits on drag shows is unconstitutional. In a 70-page ruling handed down late Friday night, US District Judge Thomas Parker wrote that the law was both "unconstitutionally vague and substantially overbroad." He also added that the statute encouraged "discriminatory enforcement," per the AP. "There is no question that obscenity is not protected by the First Amendment. But there is a difference between material that is 'obscene' in the vernacular, and material that is 'obscene' under the law," stated Parker, who was appointed by former President Donald Trump. "Simply put, no majority of the Supreme Court has held that sexually explicit—but not obscene—speech receives less protection than political, artistic, or scientific speech."
The Memphis-based Friends of George's filed the complaint in March, saying the law would negatively impact them because they produce "drag-centric performances, comedy sketches, and plays" with no age restrictions. Initially, the complaint listed Republican Gov. Bill Lee, Attorney General Jonathan Skrmetti, and Shelby County District Attorney Steven Mulroy as defendants, but the plaintiffs later agreed to dismiss the governor and top legal chief—though Skrmetti continued to represent Mulroy for this case. Tennessee's Republican-dominated Legislature advanced the anti-drag law earlier this year, with several GOP members pointing to drag performances in their hometowns as reasons why it was necessary to restrict such performances from taking place in public or where children could view them.
Yet the actual word "drag" doesn't appear in the statute. Instead, lawmakers changed the definition of adult cabaret in Tennessee to mean "adult-oriented performances that are harmful to minors." Furthermore, "male or female impersonators" were classified as a form of adult cabaret, akin to strippers and topless, go-go, and exotic dancers. The law would have banned adult cabaret performances from public property or anywhere minors might be present. Performers who broke the law risked being charged with a misdemeanor or a felony for a repeat offense. Lee quickly signed off on the statute and it was set to take effect April 1. However, to date, the law has never been enforced because Parker sided with the group that filed the lawsuit challenging the statute in March and temporarily blocked the law.
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