The judge noted the chance that law enforcement officers could abuse the wide discretion of the law.
Didi Blue Hart performs in drag during a drag show and story hour held at East Tennessee State University in Johnson City, Tennessee, on March 31, 2023. The event was held in protest to the passing of legislation that would go into effect the following day that restricts locations where drag performances can take place along with other parts of the bill which are considered transphobic.
In a surprising move that goes against what one would expect from a Trump appointed judge, U.S. District Court’s Thomas L. Parker ruled the Adult Entertainment Act unconstitutional. In his ruling, Parker writes that, “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 . . .
“Whether some of us may like it or not, the Supreme Court has interpreted the First Amendment as protecting speech that is indecent but not obscene,” the judge furthers, explaining that laws of this nature allow opportunity for problematic enforcement. “The chance that an officer could abuse that wide discretion is troubling given an art form like drag that some would say purposefully challenges the limits of society’s accepted norms,” Parker writes. “The Court emphasizes that the fear of prosecution from law enforcement officers is not merely speculative but certainly impending.”
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