06-05-2023, 12:09 AM
A federal judge rejects Tennessee's anti-drag law as too broad and vague
The Associated Press
Tennessee's first-in-the-nation law designed to place strict limits on drag shows is unconstitutional, a federal judge says.
The law is both "unconstitutionally vague and substantially overbroad" and encouraged "discriminatory enforcement," according to the ruling late Friday by U.S. District Judge Thomas Parker, who was appointed by former President Donald Trump.
"There is no question that obscenity is not protected by the First Amendment. But there is a difference between material that is 'obscene' in the vernacular, and material that is 'obscene' under the law," Parker said.
"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.
https://www.npr.org/2023/06/03/117999070...law-ruling
The Associated Press
Tennessee's first-in-the-nation law designed to place strict limits on drag shows is unconstitutional, a federal judge says.
The law is both "unconstitutionally vague and substantially overbroad" and encouraged "discriminatory enforcement," according to the ruling late Friday by U.S. District Judge Thomas Parker, who was appointed by former President Donald Trump.
"There is no question that obscenity is not protected by the First Amendment. But there is a difference between material that is 'obscene' in the vernacular, and material that is 'obscene' under the law," Parker said.
"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.
https://www.npr.org/2023/06/03/117999070...law-ruling