Judge Blocks Tennessee Law Protecting Children From Sexually Explicit Performances

On Friday, a federal judge in Tennessee blocked a law intended to protect children from adult performances, including sexually explicit drag shows. The law was temporarily blocked by U.S. District Judge Thomas Parker, who issued a temporary injunction against the law and said it was too vague and could be a violation of the First Amendment.

According to a summary of the law, it “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 definition of the adult cabaret performance in the law includes “male or female impersonators.”

During his decision, Parker highlighted the vagueness of the law and said that it might not be clear where such performances would be prohibited. Certain things, like a citizen’s private residence or a camping ground in a national park, could still be areas where controversial performances take place. Ultimately, the law’s broad language clashed with the First Amendment’s tight constraints.

The law had been introduced by Senate Majority Leader Jack Johnson (R-Franklin) to protect children from sexually explicit performances in the wake of situations where some drag shows were performed at taxpayer-funded performing arts centers. Johnson maintained that if such performances were inappropriate for his children, it would be inappropriate for other children too.

However, the law came before Parker after Friends of George’s, a self-described “LGBTQ theater company” based in Memphis, challenged the legislation, protesting that the law doesn’t prohibit a cheerleader wearing a crop top and a mini skirt from performing the same dance in front of children.

Democrat Shelby County District Attorney Steve Mulroy told The Associated Press that he doesn’t mind the injunction was placed on the law. Mulroy explained, “There has been much concern and confusion about the law from the community. This will allow the court to clarify the scope, application, and constitutionality of the statute. It’s important to understand the scope of this law so that it doesn’t have a harmful effect on constitutionally protected expression.”

In the last year, footage has emerged from around the country, including in Texas, that has appeared to show children present at sexually explicit drag shows, prompting some lawmakers to introduce legislation.