US Supreme Court Affirms Tennessee’s Ban on Drag Shows for Minors
Feb 28, 2025 by FACT
Once again, Tennessee has paved the way to conservative victory. In 2023, our state legislature passed the "Tennessee Adult Entertainment Act” (AEA) to ban "adult cabaret performances” in public places and in front of children. This was the first bill of its kind in the nation to be signed into law. This week, the U.S. Supreme Court declined to hear a challenge to the law, allowing it to stand after a two-year legal battle. This will serve as a precedent for other states facing legal battles over similar laws.
In 2023, shortly after the AEA was signed into law, an LGBTQ theater company called “Friends of George” filed a challenge against the law arguing that it unconstitutionally restricted their freedom of expression. U.S. District Judge Thomas Parker issued a preliminary injunction against the law in March 2023, finding that it was “unconstitutionally vague and substantially overbroad.” It was temporarily blocked from taking effect until a federal appeals court reversed the decision and dismissed the lawsuit, finding that the company did not have legal standing because its performances did not break Tennessee law. Friends of George appealed the decision to the U.S. Supreme Court, and the justices declined to take up the challenge.
Tennessee Attorney General Jonathan Skrmetti praised the SCOTUS decision as “another big win for Tennessee,” noting that, “Free speech is a sacred American value, but the First Amendment does not require Tennessee to allow sexually explicit performances in front of children.”
The AEA amended Tennessee's definition of adult cabaret entertainment to mean adult-oriented performances that “feature topless or exotic dancers or ‘male or female impersonators.’ Restricted performances must also be ‘harmful to minors,’ which Tennessee law defines as lacking ‘serious literary, artistic, political or scientific values’ and appealing ‘to the prurient, shameful or morbid interests.’” While the law itself does not reference drag shows, lawmakers noted the purpose of the bill was to restrict such performances from taking place in front of minors.
The First Amendment does not give individuals or organizations the right to expose children to sexually explicit content. Restricting such performances is not a violation of the Constitution, but rather a fulfillment of one of the most basic obligations of government – protecting the vulnerable from harm. We’re thankful the US Supreme Court rightfully defended this important law so that it can continue to protect Tennessee children from the perversion of drag shows and other sexually explicit performances.
In 2023, shortly after the AEA was signed into law, an LGBTQ theater company called “Friends of George” filed a challenge against the law arguing that it unconstitutionally restricted their freedom of expression. U.S. District Judge Thomas Parker issued a preliminary injunction against the law in March 2023, finding that it was “unconstitutionally vague and substantially overbroad.” It was temporarily blocked from taking effect until a federal appeals court reversed the decision and dismissed the lawsuit, finding that the company did not have legal standing because its performances did not break Tennessee law. Friends of George appealed the decision to the U.S. Supreme Court, and the justices declined to take up the challenge.
Tennessee Attorney General Jonathan Skrmetti praised the SCOTUS decision as “another big win for Tennessee,” noting that, “Free speech is a sacred American value, but the First Amendment does not require Tennessee to allow sexually explicit performances in front of children.”
The AEA amended Tennessee's definition of adult cabaret entertainment to mean adult-oriented performances that “feature topless or exotic dancers or ‘male or female impersonators.’ Restricted performances must also be ‘harmful to minors,’ which Tennessee law defines as lacking ‘serious literary, artistic, political or scientific values’ and appealing ‘to the prurient, shameful or morbid interests.’” While the law itself does not reference drag shows, lawmakers noted the purpose of the bill was to restrict such performances from taking place in front of minors.
The First Amendment does not give individuals or organizations the right to expose children to sexually explicit content. Restricting such performances is not a violation of the Constitution, but rather a fulfillment of one of the most basic obligations of government – protecting the vulnerable from harm. We’re thankful the US Supreme Court rightfully defended this important law so that it can continue to protect Tennessee children from the perversion of drag shows and other sexually explicit performances.
