Is the new Tennessee law banning drag shows a violation of the first amendment?
Current Events :
In case you missed the news from late last week, Tennessee Gov. Bill Lee signed a bill banning drag shows and performances in public spaces. During the same sitting, he also signed a ban on gender-affirming health care for youth in the state. In the words of Gov. Lee, he chose to sign the bill in order to “protect children” from explicit behavior in public. However, members of the LGBTQ community say not only is he blatantly attempting to demonize gender expression, but he’s also denying their right to free speech.
According to NBC News, this first-of-its-kind legislation will now ban “adult cabaret entertainment” from occurring on public property or in a location where it can be viewed by a minor. This includes “topless dancers, go-go dancers, exotic dancers, strippers, male or female impersonators, or similar entertainers” and will take effect beginning April 1.
Gov. Bill Lee has signed a bill banning drag shows in public spaces, a measure that will likely force drag shows underground in Tennessee. WPLN’s @MariannaBac reports Lee signed the measure this afternoon, just hours after the measure passed in the Senate. https://t.co/0nHvViwpZQ
— WPLN News – Nashville Public Radio (@WPLN) March 2, 2023
“We’re protecting kids and families and parents who want to be able to take their kids to public places. We’re not attacking anyone or targeting anyone,” said Republican State Rep. Jack Johnson, who co-sponsored the bill.
However, it hasn’t taken much to read between the lines regarding what this is really all about.
“Apparently when straight men dress up badly in drag, that’s OK. But when gay and queer and trans people do it, that’s not OK,” Hella Skeleton, a drag performer in rural Middle Tennessee said.
They may have a valid point.
“It’s … this subtle and sinister way to further criminalize just being trans,” said Henry Seaton of the Tennessee ACLU.
“The law bans obscene performances, and drag performances are not inherently obscene,” ACLU of Tennessee Legal Director Stella Yarbrough said. “We are concerned that government officials could easily abuse this law to censor people based on their own subjective viewpoints of what they deem appropriate,” she added.
Another legal mind believes the law is a clear violation of free speech.
“I’m a scholar who studies US free speech law. Looking at the text of Tennessee’s new law, I see several ways in which this anti-drag law appears susceptible to significant First Amendment challenges,” said Mark Satta, Assistant Professor of Philosophy at Wayne State University.
His words are valid since the law clearly targets one group of citizens but doesn’t necessarily apply to all.
So, apparently, men who dress in drag for Halloween, or as a college prank, or for fun and games at a bachelor party (similar to Milton Berle and Jack Lemmon in old movies) are all allowed under the new Tennessee law. However, the moment a gay or trans or non-binary person does it, they will be in violation of the law.
Make this make sense…
OK WASSUP! covers Current Events:
Tennessee bans drag shows (only for LGBTQ)
This is a tricky subject for me because I too am bothered by our young children being exposed to so much homosexual *stuff,* daily and from darn near every direction!
However, if you’re not going after the television networks First for constantly throwing all kinds of isht at our kids then I cannot take you seriously!