TBA Law Blog


Posted by: Stacey Shrader Joslin on Jun 5, 2023

Just after midnight Friday, federal Judge Thomas Parker struck down Tennessee's law restricting drag performances, finding it to be an unconstitutional restriction on freedom of speech. He also found the law to be “unconstitutionally vague and substantially overbroad," the Commercial Appeal reports. While Parker recognized the state has a “compelling interest in protecting the psychological and physical wellbeing of children” he questioned the law’s necessity noting that Tennessee law already bans obscenity. The law, signed by Gov. Bill Lee in March, would have banned "adult-oriented performances that are harmful to minors" from public places and venues where children are present. It was challenged in the western district of the state by Memphis-based theater group Friends of George's. Parker had imposed a temporary restraining order on implementation of the law in April. Tennessee Attorney General Jonathan Skrmetti said Saturday the state plans to appeal “at the appropriate time.” He also disputed claims that Parker’s order applies across the state. "The Adult Entertainment Act remains in effect outside of Shelby County,” he told the paper.