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Tennessee’s first-in-the-nation law designed to place strict limits on drag shows is unconstitutional, a federal judge says.
The law is both “unconstitutionally vague and substantially overbroad” and encouraged “discriminatory enforcement,” according to the ruling late Friday by U.S. District Judge Thomas Parker, who was appointed by former President Donald Trump.
“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,” Parker said.
“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,” he said.
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.
Parker used the example of a female performer wearing an Elvis Presley costume and mimicking the iconic musician who could be at risk of punishment under the drag law because they would be considered a “male impersonator.”
Friends of George’s, a Memphis-based LGBTQ+ theater company, filed a complaint in March, saying the law would negatively impact them because they produce “drag-centric performances, comedy sketches, and plays” with no age restrictions.
