U.S. District Judge Thomas Parker—who was appointed by former President Donald Trump—ruled that Tennessee’s anti-drag show law is unconstitutional, per NPR.
Memphis-based LGBTQ+ theater company Friends of George’s filed a complaint in March, saying the law would negatively impact it because it produces “drag-centric performances, comedy sketches, and plays” with no age restrictions.
“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 stated. “No majority of the Supreme Court has held that sexually explicit—but not obscene—speech receives less protection than political, artistic, or scientific speech.”
Tennessee’s law would have prohibited adult cabaret performances from public property or anywhere minors might be present. The statute does not actually mention the word “drag,” instead defining adult cabaret as “adult-oriented performances that are harmful to minors.”
—Andrew Davis