By Sarah Holliday
The Washington Stand
Tennessee’s Adult Entertainment Act (AEA) was enacted in 2023, establishing that “it is an offense for a person to perform adult cabaret entertainment,” regardless of location, if “viewed by a person who is not an adult.” As defined by the legislation, “cabaret” is “adult-oriented performances that are harmful to minors” such as “topless dancers, go-go dancers, exotic dancers, male or female impersonators, or similar entertainers.” In response to this legislation, a left-wing group filed suit against it, but this week, a federal appellate court chose to uphold the law.
Previously, a federal judge in the U.S. District Court for the Western District of Tennessee had stopped the law from officially going into effect. He felt it was an “unconstitutional restriction on free speech under the First Amendment.” Borrowing from that perspective, the LGBT theater company in Memphis, Friends of George’s (FOG), was also involved in “preventing the enforcement of the Adult Entertainment Act” by seeking “an opinion from a federal court,” The Christian Post reported. FOG posed the argument that the performances they put on “are definitely appropriate” for youth, and that AEA puts them in “limbo.”
However, last week, a decision was made by the 6th Circuit that resulted in overturning the lower court’s decision and upholding the AEA. Even though FOG claimed they tried not to be “too risqué,” and that they stuck “around the PG-13 area in writing,” Judge John Nalbandian, the author of the court’s opinion, emphasized that FOG had no grounds for their plea. “Even if FOG alleged an intention to engage in a course of conduct arguably proscribed by the AEA,” he wrote, “it would also need to show that this alleged intention to breach the AEA is ‘arguably affected with a constitutional interest.’” However, he added, “[T]here is no constitutional interest in exhibiting indecent material to minors.”
Even though FOG claimed the AEA could put them at the risk of “false prosecution,” Nalbandian clarified, “FOG faces no certainly impending threat of prosecution.” Nonetheless, FOG was displeased with their defeat in this case. This is what they shared in a statement on Facebook:
“Friends of George’s is shocked and disappointed by today’s decision of the 6th Circuit Court. Instead of addressing the constitutionality of Tennessee’s drag ban, today’s ruling has left us and thousands of others in the LGBTQ+ community dangerously in limbo, with no clear answers as to how this ban will be enforced and by whom. The only thing that is clear about this law is that it’s firmly rooted in hate and defies the will of the majority of Tennesseans. We are consulting with our attorney on next steps, as we rehearse for our next theatrical production.”
Attorney General Jonathan Skrmetti (R) emphasized in a statement that AEA is frequently “misrepresented,” going back to when it was initially adopted. He continued, “As a state overflowing with world-class artists and musicians, Tennessee respects the right to free expression. But as the Court noted, Tennessee’s ‘harmful to minors’ standard is constitutionally sound and Tennessee can absolutely prohibit the exhibition of obscene material to children. The Court of Appeals focused on what the law actually says and ordered the case dismissed.”
In comments to The Washington Stand, Meg Kilgannon, Family Research Council’s senior fellow for Education Studies, expressed, “The fact that we have to pass laws to protect children from these kinds of performances is truly sad.” But as experts have pointed out in previous years, “children should be protected from sexually explicit performances,” and that’s what these sort of bills aim to do. In 2023, Montana passed House Bill 359, also known as the “drag ban,” which keeps minors from attending “sexually oriented performances.” It also blocks drag performances and reading hours from taking place in public libraries schools.
Similar attempts to protect children from explicit content include Florida’s SB 1438, the “Anti-Drag’ bill, North Dakota’s HB 1333, and Texas’ SB 12. It does not appear those pieces of legislation were able to pass, but as Kilgannon emphasized, “I am grateful that Tennessee has done” their part in protecting minors, “and grateful that the court has dismissed a frivolous challenge to common sense and decency.”
Originally published at The Washington Stand!
