Federal judge declares Tennessee’s anti-drag bill unconstitutional News
kylewhadley / Pixabay
Federal judge declares Tennessee’s anti-drag bill unconstitutional

Judge Thomas Parker, a judge for the United States District Court for the Western District of Tennessee, Friday ruled that Tennessee’s Adult Entertainment Act (AEA) is unconstitutional. In his opinion, Parker ruled that the AEA violates First Amendment rights. He stated that free speech does not extend to just words. Instead, the fundamental right covers an individual’s ability “to express one’s identity, and to realize self-fulfillment in a free society.”

The court analyzed the AEA using strict scrutiny, the most demanding standard of judicial review. Any law or policy that infringes on a fundamental right must pass strict scrutiny. The review requires that the challenged law supports a compelling governmental interest. The law must also be narrowly tailored to be as least restrictive as possible. Parker stated that while Tennessee has a compelling state interest in protecting the “physical and psychological well-being” of minors, the language of the AEA is “unconstitutionally vague and substantially overbroad.”

Parker took special exception to the AEA’s wording restricting the locations where performances are allowed. The statute criminalizes performances on public land or in a location in which the performance “could be viewed by a person who is not an adult.” The court ruled that since minors can be anywhere, the practical effect of the language was to criminalize performances in almost every space in the state.

Additionally, while the law does not expressly mention drag, “male or female impersonators” are. Parker criticized the legislature’s decision to classify a diverse group of performers in the same category as strippers and topless dancers. After detailing some past and recent legal and political struggles in the LGBTQ+ community, he stated, “this Court views categorizing ‘male or female impersonators’ as ‘similar entertainers’ in ‘adult-oriented businesses’ with skepticism.”

Parker previously enjoined the AEA in April. The District Attorney and Tennessee Attorney General’s Office have not yet commented on the ruling.

THIS DAY @ LAW

UN Security Council called for Israeli withdrawal from territories occupied in Six Days' War

On November 22, 1967, the UN Security Council called for Israeli withdrawal from territories occupied during the Six Days' War, and for respect of the right of all States in the area to "live in peace within secure and recognized boundaries." Read Resolution 242, which remains a cornerstone of efforts to achieve peace in the Middle East.

President Kennedy assassinated, VP Lyndon Johnson sworn inin

On November 22, 1963, President John F. Kennedy was assassinated in Dallas, Texas. Later that day, Vice-President Lyndon Johnson was sworn in as the 36th President of the United States. Earl Warren, the Chief Justice of the Supreme Court, was later tasked with leading a commission to investigate the assassination. President Johnson received the final report of the Warren Commission on September 24, 1964. Read the Warren Commission Report.