, , , , , ,

What Happens Now That Tennessee’s Drag Ban Has Been Deemed Unconstitutional?

At 11:30 p.m. on Friday, June 2, attorney Brice Timmons was at an event in Memphis aptly named Big Gay Dance Party. He was de-stressing and commiserating with his co-counsel about the lack of action from a federal judge on their lawsuit against the state of Tennessee for its “drag ban.” They had hoped for a ruling before the weekend, but it hadn’t arrived yet — so, they resolved instead to celebrate the start of Pride Month.

Related

Then, they checked their phones; the ruling had just dropped. “It was a ruling that that called the state on the carpet for every every aspect of the law’s unconstitutionality,” he tells Billboard over the phone. “The DJ just stopped the music, the announcer came up onto the stage and just yelled, ‘We won!’ Yeah, that was a high point of my career.”

Throughout his 70-page ruling, U.S. District Judge Thomas Parker found in favor of Timmons’ clients Friends of George’s, a Memphis-based LGBTQ theater company and drag troupe. The judge determined the Tennessee’s Adult Entertainment Act (or “AEA”) was an “unconstitutional restriction on the freedom of speech,” and permanently prevented District Attorney General Steven Mulroy of Shelby County, Tenn. — the defendant in the case — from enforcing the law.

While Timmons says that he is “very proud to have done this work,” he’s not all that surprised by the outcome. “This has not been very challenging legal analysis — it’s just a new generation of bigots trying the same old tricks,” he says.

Those “tricks” Timmons refers to had the state appealing to the interest of protecting children from explicit sexual content, claiming that the law was intended to be narrowly applied to only certain kinds of drag performances in public spaces.

But LGBTQ advocates and community members like Friends of George’s pointed out that the law’s intentional vagueness left the door open for the state to apply the law in a wide variety of ways — a fact that Judge Parker agreed with, saying in his ruling the AEA was “both unconstitutionally vague and substantially overbroad” in its scope.

When looking at the defense mounted by Tennessee, Timmons recognizes the tactics used. “Going into court and lying is a long standing legal strategy for governments that want to abuse their power,” he says. “It’s not that their legal theory is simply incorrect; it’s false. So they had to walk into court, to lie about why the law was passed, to lie about what the law says, and to lie about what the effects of the law will be.”

Related

Timmons’ case, meanwhile, revolved largely around a number of First Amendment legal precedents set by the Supreme Court. In one case — Ashcroft v. ACLU — the Court upheld that a censorship law passed by Congress aimed at preventing children from accessing pornographic material on the internet was a violation of the First Amendment.

“Those laws were much more carefully drafted, and they did not have an a fundamentally inappropriate purpose. They weren’t targeting certain types of performers or certain types of websites,” he explains. “And still the Supreme Court said, ‘The state doesn’t get to insert itself into communicative decision making, unless it does so in just the most carefully, narrowly crafted way.’”

Since the ruling was officially released, the state has not officially announced an appeal — it has 30 days from the date of the ruling to file and appeal on the decision. But Tennessee Attorney General Jonathan Skrmetti told The New York Times in a statement not only that the state planned to appeal the decision, but that he feels the law “remains in effect outside of Shelby County.”

Timmons doesn’t mince his words when it comes to Skrmetti’s claim: “I think it’s the dumbest thing I’ve ever heard a lawyer say.” He points out that while Judge Parker offered a permanent enjoinment to the district attorney general of Shelby County and not the entirety of the state, he still ruled that the law itself was unconstitutional.

“That means there is no constitutional application for that law,” Timmons says. “If Jonathan Skrmetti wants to tell law enforcement officers in the state of Tennessee to go in and enforce an unconstitutional law, then I guess I’ll just have a cottage industry suing those law enforcement officers.”

As for other states where restrictions or bans on public drag performances have been passed, Timmons says that the Tennessee ruling is going to play a major factor. He knows this from experience — when he answers his phone for this interview, he’s just leaving court in Florida, where he argued as lead council against the state’s restrictive drag law on behalf of Hamburger Mary’s.

“[The Tennessee ruling] was the first thing that the judge here in Florida asked about during the hearing today,” he says. “It seems like judge Parker’s ruling is going to be, you know, a guide for how other courts will address this.”

Timmons says he’s already working with lawyers in Montana and Texas preparing to mount their own suits against their states’ respective drag bans, and that he and his team will “do everything we can to help them.” As for the impending threat of an appeal from Tennessee? “We’ve got a good team of lawyers, and nothing succeeds like success.”

https://www.billboard.com/culture/pride/tennessee-drag-ban-unconstitutional-what-happens-next-1235348619/


January 2025
M T W T F S S
 12345
6789101112
13141516171819
20212223242526
2728293031  

About Us

Welcome to encircle News! We are a cutting-edge technology news company that is dedicated to bringing you the latest and greatest in everything tech. From automobiles to drones, software to hardware, we’ve got you covered.

At encircle News, we believe that technology is more than just a tool, it’s a way of life. And we’re here to help you stay on top of all the latest trends and developments in this ever-evolving field. We know that technology is constantly changing, and that can be overwhelming, but we’re here to make it easy for you to keep up.

We’re a team of tech enthusiasts who are passionate about everything tech and love to share our knowledge with others. We believe that technology should be accessible to everyone, and we’re here to make sure it is. Our mission is to provide you with fun, engaging, and informative content that helps you to understand and embrace the latest technologies.

From the newest cars on the road to the latest drones taking to the skies, we’ve got you covered. We also dive deep into the world of software and hardware, bringing you the latest updates on everything from operating systems to processors.

So whether you’re a tech enthusiast, a business professional, or just someone who wants to stay up-to-date on the latest advancements in technology, encircle News is the place for you. Join us on this exciting journey and be a part of shaping the future.

Podcasts

TWiT 1015: Smarter Than a House Cat – TikTok, Trumpcoin, Samsung Unpacked 2025 This Week in Tech (Audio)

Supreme Court Upholds Law That Threatens US TikTok Ban Trumpcoin Texas Sues Allstate Over Its Collection of Driver Data Skyrocketing car-insurance premiums are pushing inflation higher Behind the Curtain — Coming soon: Ph.D.-level super-agents 4 surprise products we could see at Samsung Unpacked 2025 Apple suspends error-strewn AI generated news alerts US Finalizes Rule Banning Smart Cars With Russian, Chinese Tech Natrium 'advanced nuclear' power plant wins Wyoming permit – WyoFile Cash App parent fined $175 million for 'woefully incomplete' response to fraud FDA Proposes Significant Step Toward Reducing Nicotine to Minimally or Nonaddictive Level in Cigarettes and Certain Other Combusted Tobacco Products Host: Leo Laporte Guests: Jason Hiner, Paris Martineau, and Molly White Download or subscribe to This Week in Tech at https://twit.tv/shows/this-week-in-tech Get episodes ad-free with Club TWiT at https://twit.tv/clubtwit Sponsors: joindeleteme.com/twit promo code TWIT ziprecruiter.com/twit NetSuite.com/TWIT canary.tools/twit – use code: TWIT shopify.com/twit
  1. TWiT 1015: Smarter Than a House Cat – TikTok, Trumpcoin, Samsung Unpacked 2025
  2. TWiT 1014: Just Say It's Capitalism – CES 2025, Meta News, Newag DRM
  3. TWiT 1013: Calamari in Crisis – Touching the Sun, Fake Spotify Artists, Banished Words
  4. TWiT 1012: Our Best Of 2024 – The Best Moments From TWiT's 2024
  5. TWiT 1011: The Year in Review – A Look at the Top Stories of 2024