18-State Coalition, Legal Group Challenge Ruling on TN Law Protecting Kids from Explicit Performances
A Coalition of States and Non-Profit Legal Group Appeal Ruling on Tennessee Law Restricting Explicit Performances in Front of Children
A district court ruling that aimed to block a Tennessee law restricting sexually explicit performances in front of children has been met with opposition. A coalition of eighteen states and a non-profit legal group have separately appealed the ruling, arguing that it infringes on freedom of speech and fails to protect children.
In late June, U.S. District Judge Thomas Parker blocked the state’s ”Adult Entertainment Act” after a suit was filed by Friends of George’s, an LGBTQ theatre company based in Memphis. Judge Parker deemed the law unconstitutional, citing its vague and overbroad nature.
However, the coalition of states and America First Legal group have filed amicus briefs, urging the U.S. Court of Appeals for the Sixth Circuit to overturn the district court ruling. Tennessee Attorney General Jonathan Skrmetti has also appealed the judgment to defend the state law.
“Protecting children from obscene and lewd behavior is not a new idea. We need to let kids be kids, and the state has legal authority to ensure their protection,” said South Carolina Attorney General Alan Wilson.
Wilson led the coalition, which includes Alabama, Alaska, Florida, Georgia, Idaho, Indiana, Iowa, Louisiana, Mississippi, Missouri, Montana, Nebraska, North Dakota, Texas, Utah, Virginia, and West Virginia.
“I believe the Court wrongly ruled against the law, and I’m happy to lead a coalition of support for the law on appeal,” added Wilson.
The law, signed by Tennessee Governor Bill Lee in March, prohibits adult cabaret male or female impersonators from engaging in explicit performances on public property. However, such performances can still take place in age-restricted venues.
America First Legal, in support of the law, emphasized the importance of protecting children from harmful content.
“No child should ever be exposed to the conduct at issue in this case — ever — and it is our hope that the Sixth Circuit overturns the injunction in this case,” stated Gene Hamilton, vice president and general counsel of America First Legal.
The legal group argued that the district court’s ruling allowed for the exposure of children to explicit content during events such as “pride” parades and drag shows.
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