Tennessee has passed a law aimed at restricting drag performances, an art form that often involves exaggerated gender performance and cross-dressing. Similar bills have been introduced in 14 other states as part of the revived culture war against LGBTQ people. The Tennessee law was written to survive judicial scrutiny by presenting itself as designed to protect minors. But the law is nevertheless unconstitutional, violating the First Amendment in several ways.
The most important First Amendment violation is also the most obvious: The Tennessee law discriminates based on viewpoint. Viewpoint determination violates the core of free speech as understood by the Supreme Court.
The Tennessee law extends an existing ban on “adult cabaret performances” in places where minors might see them to include “male or female impersonators.” The other adult cabaret performances mentioned in the law are “topless dancers, go-go dancers, exotic dancers, [and] strippers.”
