Republican legislators appear to have written the law to try to avoid running afoul of the First Amendment by treating drag shows as if they meet the legal definition of obscenity. Speech, including expressive conduct, that meets the Supreme Court's criteria for obscenity is not covered by First Amendment protection...
Tuesday, March 7, 2023
Why Tennessee's law limiting drag performances likely violates the First Amendment
Current Supreme Court decisions suggest that laws like the one just passed in Tennessee probably violate the First Amendment's protection of free speech. This is, in part, because many drag performances are protected by the First Amendment, which safeguards not only spoken, written, and signed speech but also many other actions meant to convey messages.
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