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Federal judge rules Tennessee drag restrictions unconstitutional after trial
A federal judge appointed by Donald Trump ruled late Friday night that Tennessee’s Adult Entertainment Act (AEA), which would restrict drag performances in the state and threaten performers who violate the law with felony criminal penalties, is unconstitutional.
“The Tennessee General Assembly can certainly use its mandate to pass laws that their communities demand,” U.S. District Judge Thomas Parker wrote. “But that mandate as to speech is limited by the First Amendment to the United States Constitution, which commands that laws infringing on the Freedom of Speech must be narrow and well-defined. The AEA is neither.”
Parker, appointed to the bench in 2017, found after a two-day trial that the law — criminalizing “adult cabaret entertainment” performances anywhere “where the adult cabaret entertainment could be viewed by a person who is not an adult” — is unconstitutional on several grounds.
...After detailing that legislative history, as shown in four transcripts reviewed by the court, Parker found that “the legislative transcript strongly suggests that the AEA was passed for an impermissible purpose.”
That “impermissible purpose,” Parker found, was “chilling constitutionally-protected speech.”
“The Tennessee General Assembly can certainly use its mandate to pass laws that their communities demand,” U.S. District Judge Thomas Parker wrote. “But that mandate as to speech is limited by the First Amendment to the United States Constitution, which commands that laws infringing on the Freedom of Speech must be narrow and well-defined. The AEA is neither.”
Parker, appointed to the bench in 2017, found after a two-day trial that the law — criminalizing “adult cabaret entertainment” performances anywhere “where the adult cabaret entertainment could be viewed by a person who is not an adult” — is unconstitutional on several grounds.
...After detailing that legislative history, as shown in four transcripts reviewed by the court, Parker found that “the legislative transcript strongly suggests that the AEA was passed for an impermissible purpose.”
That “impermissible purpose,” Parker found, was “chilling constitutionally-protected speech.”
https://www.lawdork.com/p/tennessee-anti-drag-law-unconstitutional