The U.S. Supreme Court has declined to review a challenge to Tennessee’s 2023 law restricting drag performances in public spaces where minors may be present. This decision effectively upholds the law, which prohibits “adult-oriented performances” in public or in venues accessible to children. Tennessee Attorney General Jonathan Skrmetti praised the Court’s decision, stating it as “another big win for Tennessee.”
The law, known as the Adult Entertainment Act, was enacted to protect children from exposure to sexually explicit content. Republican supporters argue that it safeguards minors by limiting their exposure to performances deemed inappropriate.
Skrmetti, wrote on X:”Free speech is a sacred American value, but the First Amendment does not require Tennessee to allow sexually explicit performances in front of children…We will continue to defend TN’s law and children.”
Critics, however, contend that the law is overly broad and could suppress constitutionally protected speech, including mainstream drag performances like brunches or story hours that do not meet the state’s definition of “harmful to minors.”
Legal challenges to the law began shortly after its passage. In June 2023, a federal judge temporarily blocked its enforcement, citing concerns over its potential to infringe on free speech rights. However, the Sixth Circuit Court of Appeals later reversed this injunction, ruling that the plaintiffs lacked standing to sue because they did not demonstrate that the law’s “harmful to minors” standard would apply to their performances.
The Supreme Court’s refusal to hear the case leaves the appellate court’s decision intact, allowing the law to remain in effect. This outcome highlights the ongoing national debate over the regulation of public performances and the balance between protecting children and preserving free expression.
