U.S. Appeals Court Upholds Tennessee's Ban on Drag Shows in Front of Children

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ICARO Media Group
Politics
18/07/2024 23h30

In a recent decision, the 6th Circuit Court of Appeals has upheld Tennessee's ban on adult cabaret entertainment in front of children. The ruling reverses a lower court's decision and instructs the U.S. District to dismiss the case brought by a Memphis theater group called Friends of George's, known for organizing drag shows.

The court found that Friends of George's failed to demonstrate standing in their challenge against the state law, leading to the dismissal of their case. The theater group had argued that the ban on cabaret performances and drag shows violated their First Amendment rights. However, the appeals court determined that the group had not sufficiently shown that they would be in danger of prosecution under the ban.

The ban on adult cabaret shows and drag performances on public property or in places visible to minors was enacted as part of the Adult Entertainment Act, passed by the Tennessee Legislature in 2023. The law defines "adult cabaret entertainment" as performances harmful to minors and involving topless dancers, go-go dancers, exotic dancers, strippers, and male or female impersonators.

The legislation was partially prompted by concerns raised about the annual PRIDE parade in Jackson, which was visible to children. State Rep. Aftyn Behn, a Democrat from Nashville, criticized the court's ruling, calling it a "misguided attack" on the LGBTQ community. Behn argued that the performances were not harmful to minors, challenging the premise of the ban.

On the other hand, Tennessee Attorney General Jonathan Skrmetti praised the decision, stating that the ban serves to protect children from exposure to obscene material. Skrmetti emphasized that Tennessee respects the right to free expression but can still prohibit the exhibition of indecent content to minors.

Despite the opposing viewpoints, the appeals court ruled in favor of upholding the ban, stating that Tennessee's "harmful to minors" standard is constitutionally sound. The court's decision addressed concerns about constitutional interests in exhibiting indecent material to minors.

The ruling has sparked a debate about the balance between protecting children and freedom of expression. It remains to be seen how this decision will impact future litigation and the broader LGBTQ community in Tennessee.

The Tennessee Lookout, a nonprofit news network, provided coverage of the case. The publication maintains editorial independence and can be contacted for further information.

Note: The article is a summary based on the provided information and does not include any additional details or opinions.

The views expressed in this article do not reflect the opinion of ICARO, or any of its affiliates.

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