Trump-Appointed Federal Judge Overturns Tennessee's Anti-Drag Show Law, Citing First Amendment

A federal judge ruled on Friday evening that Tennessee's first-in-the-nation anti-drag show law represented an unconstitutional attack on free speech. 

Trump-appointed U.S. District Judge Thomas L. Parker said the law was "unconstitutionally vague and substantially overbroad," making it a clear violation of the First Amendment. 

Signed by Gov. Bill Lee (R) on March 2 after being approved by the GOP-controlled state legislature, the bill has been criticized for being authoritarian and anti-LGBTQ.  

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."

LGBTQ Tennesseans and advocates expressed concern that the law would be used to discriminate against them and fuel at least nine GOP-led state legislatures seeking to pass similar laws.

"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," stated the Memphis-based Friends of George's.

Rep. Justin Jones (D-Nashville) who, along with Rep. Justin J. Pearson (D-Memphis), was temporarily expelled by their Republican colleagues for leading a gun reform protest on the chamber floor after a Tennessee elementary school shooting, commented on Saturday about the judge’s ruling. 

Last night, Tennessee’s extreme drag show ban was struck down and ruled unconstitutional by a Trump-appointed federal judge.

Tried to tell my Republican colleagues when they introduced it on the House floor, but yet again they had to FIND OUT.

Happy Pride, y’all!! �‍🌈 pic.twitter.com/PgsGd6f2fW

— Rep. Justin Jones (@brotherjones_) June 3, 2023

Photo: Twitter