Tennessee Anti-Drag Law Deemed Unconstitutional
The Trump-appointed Judge called the law "unconstitutionally vague and substantially overbroad."
By: Blair Ingenthron Jun. 04, 2023
A Trump-appointed judge has deemed the anti-drag law in Tennessee unconstitutional, citing that the law is a free speech violation.
"As a matter of text alone, the [Adult Entertainment Act] is a content-, and viewpoint-based restriction on speech. The AEA was passed for the impermissible purpose of chilling constitutionally-protected speech," according to the ruling issued by US District Court Judge Thomas Parker. Parker was appointed by former President Donald Trump.
Parker also called the law "unconstitutionally vague and substantially overbroad."
As BroadwayWorld previously reported, in addition to banning drag performances in clubs, the law had the potential to prevent touring performances that incorporate drag from performing in Tennessee.
House Bill 9, which was signed into law by Governor Bill Lee on Thursday, March 2nd, "creates an offense for a person who engages in an adult cabaret performance on public property or in a location where the adult cabaret performance could be viewed by a person who is not an adult."
The law would ban many drag performances from taking place on any public property in the state, as well as in any location where people under 18 could be present, which could include local theatres and touring houses.
Following the passing of the law, Memphis-based non-profit Friends of George sued, leading Parker to temporarily block the law while he determined whether it was considered unconstitutional. The law was originally scheduled to go into effect on April 1st.
Tennessee Attorney General Jonathan Skrmetti is reviewing the ruling and has vowed to appeal.
“The scope of this law has been misrepresented in public by those more interested in pressing a narrative than in reading the statutory text. The Adult Entertainment Act remains in effect outside of Shelby County. This narrowly-tailored law protects minors from exposure to sexually explicit performances. Its operative language is rooted in the U.S. Supreme Court’s long-established First Amendment precedent,” said Skrimetti.
BroadwayWorld stands with the LGBTQ+ community of Tennessee and will continue to follow this story.
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