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A drag performer in Tennessee

Yasmine Nicole performs in drag during a drag show and story hour held at East Tennessee State University in Johnson City, Tennessee on Friday March 31, 2023. The event was held in protest to the passing of legislation that would go into effect the following day that restricts locations where drag performances can take place along with other parts of the bill which are considered trans-phobic.

(Photo by Mike Belleme for The Washington Post via Getty Images)

'Victory for Free Speech': Federal Judge Strikes Down Tennessee Anti-Drag Law as Unconstitutional

"Similar to the countless battles the LGBTQ+ community has faced over the last several decades, our collective success relies upon everyone speaking out and taking a stand against bigotry," said the group who challenged the statute.

A federal judge on Friday evening ruled that Tennessee's anti-drag show law—the first of its kind in the nation signed by Republican Gov. Bill Lee earlier this year after approval by the GOP-controlled state legislature—represented an unconstitutional attack on free speech.

The 70-page ruling issued by U.S. District Judge Thomas L. Parker found that the law was "unconstitutionally vague and substantially overbroad," making it a clear violation of the free protections in the First Amendment.

"We Won!" declared Friends of George's, the non-profit performance group in the state who had challenged the law.

While the word "drag" or phrase "drag show" did not appear in the statute, Judge Parker said the examples offered by the defenders of the law during the hearing of the case exhibited clearly who and what the law was targeting and that it therefore encouraged "discriminatory enforcement" by the state.

"There is no question that obscenity is not protected by the First Amendment," states the ruling. "But there is a difference between material that is 'obscene' in the vernacular, and material that is 'obscene' under the law."

"Simply put," it continues, "no majority of the Supreme Court has held that sexually explicit—but not obscene—speech receives less protection than political, artistic, or scientific speech."

In a statement on Saturday, Friends of George's said the ruling "represents a triumph over hate."

"Similar to the countless battles the LGBTQ+ community has faced over the last several decades, our collective success relies upon everyone speaking out and taking a stand against bigotry," said the group, based in Memphis.

Jonathan Friedman, director of free expression & education programs for PEN America, also celebrated the ruling, calling it a "necessary victory for free speech" in Tennessee.

Our work is licensed under Creative Commons (CC BY-NC-ND 3.0). Feel free to republish and share widely.

A federal judge on Friday evening ruled that Tennessee's anti-drag show law—the first of its kind in the nation signed by Republican Gov. Bill Lee earlier this year after approval by the GOP-controlled state legislature—represented an unconstitutional attack on free speech.

The 70-page ruling issued by U.S. District Judge Thomas L. Parker found that the law was "unconstitutionally vague and substantially overbroad," making it a clear violation of the free protections in the First Amendment.

"We Won!" declared Friends of George's, the non-profit performance group in the state who had challenged the law.

While the word "drag" or phrase "drag show" did not appear in the statute, Judge Parker said the examples offered by the defenders of the law during the hearing of the case exhibited clearly who and what the law was targeting and that it therefore encouraged "discriminatory enforcement" by the state.

"There is no question that obscenity is not protected by the First Amendment," states the ruling. "But there is a difference between material that is 'obscene' in the vernacular, and material that is 'obscene' under the law."

"Simply put," it continues, "no majority of the Supreme Court has held that sexually explicit—but not obscene—speech receives less protection than political, artistic, or scientific speech."

In a statement on Saturday, Friends of George's said the ruling "represents a triumph over hate."

"Similar to the countless battles the LGBTQ+ community has faced over the last several decades, our collective success relies upon everyone speaking out and taking a stand against bigotry," said the group, based in Memphis.

Jonathan Friedman, director of free expression & education programs for PEN America, also celebrated the ruling, calling it a "necessary victory for free speech" in Tennessee.

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A federal judge on Friday evening ruled that Tennessee's anti-drag show law—the first of its kind in the nation signed by Republican Gov. Bill Lee earlier this year after approval by the GOP-controlled state legislature—represented an unconstitutional attack on free speech.

The 70-page ruling issued by U.S. District Judge Thomas L. Parker found that the law was "unconstitutionally vague and substantially overbroad," making it a clear violation of the free protections in the First Amendment.

"We Won!" declared Friends of George's, the non-profit performance group in the state who had challenged the law.

While the word "drag" or phrase "drag show" did not appear in the statute, Judge Parker said the examples offered by the defenders of the law during the hearing of the case exhibited clearly who and what the law was targeting and that it therefore encouraged "discriminatory enforcement" by the state.

"There is no question that obscenity is not protected by the First Amendment," states the ruling. "But there is a difference between material that is 'obscene' in the vernacular, and material that is 'obscene' under the law."

"Simply put," it continues, "no majority of the Supreme Court has held that sexually explicit—but not obscene—speech receives less protection than political, artistic, or scientific speech."

In a statement on Saturday, Friends of George's said the ruling "represents a triumph over hate."

"Similar to the countless battles the LGBTQ+ community has faced over the last several decades, our collective success relies upon everyone speaking out and taking a stand against bigotry," said the group, based in Memphis.

Jonathan Friedman, director of free expression & education programs for PEN America, also celebrated the ruling, calling it a "necessary victory for free speech" in Tennessee.

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Related Articles Around the Web
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