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Federal Judge Appointed by Trump blocks Tennessee child drag show ban
Posted on 6/3/23 at 9:04 am
Posted on 6/3/23 at 9:04 am
quote:
MEMPHIS, Tenn. (WMC) - The nonprofit, LGBTQ+ theatre company Friends of George’s, has officially won its court case challenging Tennessee’s ban on public drag shows, on June 2.
On March 29, the non-profit filed a federal lawsuit against the State of Tennessee over passing the first-of-its-kind bill.
The bill banned “adult cabaret performances” in places where children could see it.
Friends of George’s sued saying the bill violated their first amendment rights.
"To rewrite this law would not only violate the separation-of-powers principle, but it would also offer perverse incentives for legislators to continue their troubling trend of abdicating their responsibilities in exercising considered legislative judgment. The Tennessee General Assembly can certainly use its mandate to pass laws that their communities demand. But that mandate as to speech is limited by the First Amendment to the United States Constitution, which commands that laws infringing on the Freedom of Speech must be narrow and well-defined. The AEA is neither. - Thomas L. Parker United States District Judge
WSMV
This post was edited on 6/3/23 at 9:05 am
9
Posted on 6/3/23 at 9:05 am to tigerinmexico
Federal judges with the last name Parker tend to make really shitty decisions.
Posted on 6/3/23 at 9:08 am to udtiger
quote:
Federal judges with the last name Parker tend to make really shitty decisions.
Yep.
Posted on 6/3/23 at 9:14 am to Tchefuncte Tiger
I have not read the law so don't shoot the Messenger but ... if you accept that a drag show is "free speech" then it must be narrowly tailored
I would think the solution is to have the local level limit the time and circumstance for granting a license for a public show.
I would think the solution is to have the local level limit the time and circumstance for granting a license for a public show.
Posted on 6/3/23 at 9:15 am to tigerinmexico
quote:
The bill banned “adult cabaret performances” in places where children could see it.
Why is this controversial?
Posted on 6/3/23 at 9:15 am to tigerinmexico
quote:
The bill banned “adult cabaret performances” in places where children could see it.
So kids are now allowed at strip clubs that require pasties and thongs?
If a society can't prevent the sexual indoctrination of children then why have any laws regarding children at all.
There are people that will fight the legalization of marriage of a 13-15 yo girl to a 30 yo man, which in the eyes of God within proper marriage is no issue, but will find no problem with the legal sexualition of the same age group, and younger, outside of marriage.
We really need a way to message it how the sexualation of children is a legit evil religious movement.
This post was edited on 6/3/23 at 9:16 am
Posted on 6/3/23 at 9:25 am to tigerinmexico
The judge ruled that the law is vague and overbroad, and needed to be re-written. And that he cant fix it for the State of Tennessee, as asked, due to the separations clause
The way the law is written, a schools dance line dressed as Michael Jackson doing an 80s tribute, could be arrested if one member thrusts too hard, during the halftime show
quote:
The Court concludes that the AEA is both unconstitutionally vague and substantially overbroad. The AEA’s “harmful to minors” standard applies to minors of all ages, so it fails to provide fair notice of what is prohibited, and it encourages discriminatory enforcement. The AEA is substantially overbroad because it applies to public property or “anywhere” a minor could be present
quote:
Acceptance of Defendant’s proposed narrowing construction under the guise of the constitutional-avoidance would require the Court to rewrite the statute, and to violate the principle of separation-of-powers
The way the law is written, a schools dance line dressed as Michael Jackson doing an 80s tribute, could be arrested if one member thrusts too hard, during the halftime show
Posted on 6/3/23 at 9:26 am to RobbBobb
quote:
The way the law is written, a schools dance line dressed as Michael Jackson doing an 80s tribute, could be arrested if one member thrusts too hard, during the halftime show
Sounds legit.
Posted on 6/3/23 at 9:28 am to tigerinmexico
Eh, unless there’s a pattern I don’t see the relevance of the judge being a Trump appointee. You appoint enough judges you’ll get some bad decisions, and that’s assuming this was a bad decision.
Posted on 6/3/23 at 9:29 am to tigerinmexico
quote:
The nonprofit, LGBTQ+ theatre company Friends of George’s,
This sounds like a group that has to register every time they move due to their offender statuses.
quote:
Friends of George’s sued saying the bill violated their first amendment rights.
So ginger Lynn can perform felatio in front of these same kids? I mean...first amendment rights is rights.
Posted on 6/3/23 at 9:30 am to KAGTASTIC
quote:
There are people that will fight the legalization of marriage of a 13-15 yo girl to a 30 yo man, which in the eyes of God within proper marriage is no issue, but will find no problem with the legal sexualition of the same age group, and younger, outside of marriage.
Damn. Quiet part loud.
Posted on 6/3/23 at 9:35 am to RobbBobb
quote:
The way the law is written, a schools dance line dressed as Michael Jackson doing an 80s tribute, could be arrested if one member thrusts too hard, during the halftime show
No they couldn’t
Posted on 6/3/23 at 9:46 am to Flats
quote:God forbid that we look at the statute that the judge was interpreting, when criticizing his ruling.
I don’t see the relevance of the judge being a Trump appointee. You appoint enough judges you’ll get some bad decisions, and that’s assuming this was a bad decision.
What is prohibited?
quote:What is "adult cabaret entertainment?
It is an offense for a person to perform adult cabaret entertainment ... On public property (or) ... In a location where the adult cabaret entertainment could be viewed by a person who is not an adult.
quote:
adult-oriented performances that are harmful to minors, as that term is defined in §39-17-901, and that feature topless dancers, go-go dancers, exotic dancers, strippers, male or female impersonators, or similar entertainers
So, if these girls start dancing with a bit of Elvis-like pelvic thrust on a bandstand in the city park, they go straight to jail. Damned hippies.
The law is not specific to drag performances, and it is VERY poorly-written. The judge applied to Constitution to it, rather than engaging in implementing social policy. Egads.
This post was edited on 6/3/23 at 9:56 am
Posted on 6/3/23 at 9:50 am to YipSkiddlyDooo
quote:
No they couldn’t
Thats exactly what the judge pointed out
* Anywhere a "minor" is present, would include a halftime show
* Drag - includes females dressing as a known male performer
* The sexual content of a show is not clearly defined, so an MJ thrust or crotch grab could be a violation
Posted on 6/3/23 at 9:51 am to dafif
Can you take a child to a strip club (with pasties) and call it free speech?
Posted on 6/3/23 at 9:53 am to YipSkiddlyDooo
quote:Depends. Are they "go-go dancers ... or similar entertainers?" Who makes that call?
The way the law is written, a schools dance line dressed as Michael Jackson doing an 80s tribute, could be arrested if one member thrusts too hard, during the halftime showquote:
No they couldn’t
Pretty vague, huh? Hence the problem with the statute.
For that matter, these ladies regularly perform "on public property" in Tennessee:
Are they "go-go dancers ... or similar entertainers?" Do they engage in any pelvic thrust during their performances, in the eyes of some church lady or prudish DA?
Straight to jail, bitches.
quote:
We do NOT trust the government, but we trust them to apply THIS law only against drag performer and strippers and NOT against the Titans cheerleaders.
This post was edited on 6/3/23 at 10:17 am
Posted on 6/3/23 at 10:23 am to KAGTASTIC
quote:
So kids are now allowed at strip clubs that require pasties and thongs?
That's a big NO
You know children are not allowed in strip clubs
Posted on 6/3/23 at 10:34 am to tigerinmexico
Trump appoints the best people. . .
Posted on 6/3/23 at 10:35 am to udtiger
quote:
Federal judges with the last name Parker tend to make really shitty decisions.
Absolutely.....
Posted on 6/3/23 at 11:19 am to tigerinmexico
McConnell, china connected BS liberal Rhino, did such a good job appointing Federal judges for DJT ?
These old POSs need to be primaried since they don't seem to be worthy of immediate judgment by Jesus.
These old POSs need to be primaried since they don't seem to be worthy of immediate judgment by Jesus.
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