A bit of a shocking decision was issued in Tennessee.
The case at hand involved the restriction of drag shows.
Judge Thomas Parker, a Trump-appointed judge, struck down the new laws that were passed by the Tennessee legislature.
Shock Ruling
Parker ruled that the new law was unconstitutional.
He wrote, “There is no question that obscenity is not protected by the First Amendment.
“But there is a difference between material that is ‘obscene’ in the vernacular, and material that is ‘obscene’ under the law.
“Simply put, no majority of the Supreme Court has held that sexually explicit — but not obscene — speech receives less protection than political, artistic, or scientific speech.”
The new legislation did not outright ban drag shows.
What it did do, however, was put restrictions on “adult-oriented performances that are harmful to minors.”
Performers in such shows would first face misdemeanor charges, then felony charges for repeat offenses.
As an example of the alleged overreach of the law, Parker stated that by the new law, a female dressed up as Elvis could be punished because the entertainer would be considered a “male impersonator” by the letter of the law.
Source: The Independent
