Federal Judge In Memphis Says Law Protecting Minors From Obscenity Is Unconstitutional
Image Credit: ballotpedia & City-Data.com
The Tennessee Conservative [By Jason Vaughn] –
Late last Friday night, a federal judge in Memphis ruled that Tennessee’s recent ban against drag shows in public was unconstitutional.
U.S. District Judge Thomas Parker ruled against the legislation after closing arguments were made in regards to a lawsuit filed against the state by a Memphis-based theater company – Friends of George’s – that is known for fundraising for LGBTQ organizations by putting on shows that often include drag performances.
Friends of George’s claimed that the law “seeks to oppress queer culture statewide.”
The newly passed Adult Entertainment Act would ban “male and female impersonators” from performing in public spaces where children may be present, thereby protecting them from “adult-oriented performances that are harmful to minors.” First time offenders could have been charged with a misdemeanor; subsequent charges could result in felony charges.
Parker agreed in his statement, saying, “The court finds that – despite Tennessee’s compelling interest in protecting the psychological and physical well-being of children – the Adult Entertainment Act (AEA) is an unconstitutional restriction on the freedom of speech.”
The bill’s sponsor, Senator Jack Johnson (R-Franklin-District 27), tweeted, “I’m disappointed with the judge’s decision on Senate Bill 3, which ignored 60 years of Supreme Court precedent allowing regulation of obscene entertainment in the presence of minors. Sadly, this ruling is a victory for those who support exposing children to sexual entertainment.”
The lawsuit was originally filed against Governor Bill Lee, Attorney General Jonathan Skrmetti, and Shelby County District Attorney General Steve Mulroy. Lee and Skrmetti were later dropped, leaving only Mulroy because he would be the one responsible for enforcing the ban in Shelby County.
Skrmetti defended the law and noted that the ruling was only relevant to Shelby County at this time, “The Adult Entertainment Act remains in effect outside of Shelby County. This narrowly-tailored law protects minors from exposure to sexually explicit performances. Its operative language is rooted in the U.S. Supreme Court’s long-established First Amendment precedent.”
Skrmetti also stated that he did expect to appeal the ruling. The new law is set to go into effect on July 1.
About the Author: Jason Vaughn, Media Coordinator for The Tennessee Conservative ~ Jason previously worked for a legacy publishing company based in Crossville, TN in a variety of roles through his career. Most recently, he served as Deputy Director for their flagship publication. Prior, he was a freelance journalist writing articles that appeared in the Herald Citizen, the Crossville Chronicle and The Oracle among others. He graduated from Tennessee Technological University with a Bachelor’s in English-Journalism, with minors in Broadcast Journalism and History. Contact Jason at news@TennesseeConservativeNews.com
R or D?
Appointed by?
This judge must be one of the performers and does not want to lose his part-time job. Memphis mothers who care about their children and the children themselves are the losers.
Yes, the law is meant to suppress the effect of Tennessee’s queer culture on our children.
The judge is totally off base with his ruling!
This Judge should point out to all where in the Constitution lies the reason why this Law is un-Constitutional.
Perhaps the Judge is Constitutionally Illiterate?
Should be REMOVED ASAP. Another liberal TRASH supporter.
According to Tennesseestands,
The judge’s claim on viewpoint discrimination is interesting because, before his appointment to the federal bench, he was a shareholder in Baker Donaldson, a large law firm, that regularly financially supports Pride festivals, including such events in Memphis.
Contrary to media reports, it is important to recognize that this court order does not extend beyond preventing the enforcement of this law by the Shelby County District Attorney. Meaning, this law is still enforceable in 94 counties in our state
So Judge Thomas Parker is a pedophile.