Federal court dismisses lawsuit against Tennessee state law protecting children from sexually explicit performances

A federal appeals court on Thursday dismissed a lawsuit challenging a Tennessee state law that protects children from viewing sexually explicit performances.

The Sixth Circuit Court of Appeals ruled 2-1 that a group challenging a Tennessee state law protecting children from sexually explicit drag shows lacks standing. A Memphis theater group called Friends of George’s had sued against the law, claiming it violates the First Amendment.

“But the law in this area is clear – there is no constitutional interest in showing indecent material to minors,” Justice John Nalbandian wrote in the majority decision. “The only constitutionally protected speech affected by this (law) is adult performances, which can be constitutionally prohibited to minors but not to adults – a narrow slice of free speech.”

In a dissenting opinion, Justice Andre Mathis said the law was a restriction on the First Amendment.

The law was passed by the Republican-dominated state legislature in 2023 and signed by GOP Governor Bill Lee. In June 2023, a federal judge blocked the law from taking effect, saying it was “unconstitutionally vague and substantially overbroad.”

According to Summary of the Act, it is an offence for a person to conduct an adult cabaret performance on public property or in a place where the adult cabaret performance could be viewed by a person who is not an adult.”

Tennessee Attorney General Jonathan Skrmetti welcomed the court’s decision in a statement.

“Tennessee’s adult entertainment law has been misrepresented time and time again since its passage,” Skrmetti said. “As a state teeming with world-class artists and musicians, Tennessee respects free speech rights. But as the court found, Tennessee’s ‘harmful to minors’ standard is constitutionally sound and Tennessee can absolutely prohibit the showing of obscene material to children. The appeals court focused on the actual wording of the law and ordered the lawsuit dismissed.”

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The state’s Republican leadership also spoke out and welcomed the ruling.

“Children should never be exposed to strip shows. That won’t happen in Tennessee.” said House Majority Leader William Lamberth.