The law is both “unconstitutionally vague and substantially overbroad,” according to the ruling late Friday by U.S. District Judge Thomas Parker, who was appointed by former President Donald Trump. The judge also said the statute encouraged “discriminatory enforcement.”
“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,” he said. Initially, the complaint listed Republican Gov. Bill Lee, Attorney General Jonathan Skrmetti and Shelby County District Attorney General Steven Mulroy as defendants, but the plaintiffs later agreed to dismiss the governor and top legal chief — although Skrmetti continued to represent Mulroy for this case.
“Sadly, this ruling is a victory for those who support exposing children to sexual entertainment,” Johnson said, adding that he hoped Skrmetti will appeal the “perplexing ruling.”Tennessee’s Republican-dominated Legislature advanced the anti-drag law earlier this year, with several GOP members pointing to drag performances in their hometowns as reasons why it was necessary to restrict such performances from taking place in public or where children could view them.
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