The Supreme Court has declined to hear Democrats’ challenge to a law protecting children from sexually explicit performances.
In 2023, Tennessee passed a law that banned sexually explicit performances in front of minors.
Democrats immediately melted down over the law, with one Memphis-based theater group filing a lawsuit against the state. The group, which calls itself “Friends of George’s,” tried to claim that it was a violation of their First Amendment rights to block them from doing sexual performances in front of children. The law was blocked after a federal judge agreed with the challenge in June 2023, claiming that it was “unconstitutionally vague and substantially overbroad.”
That challenge finally made it to the Supreme Court, which denied the group’s petition to hear their challenge to the law on February 24. This means that the previous ruling from the Sixth Circuit Court of Appeals will stand. In July, the court ruled 2-1 to allow the law to take effect.
Tennessee Republicans were quick to celebrate the Supreme Court’s decision.
“Another big win for Tennessee! Today, the U.S. Supreme Court declined to hear Friends of George’s v. Mulroy,” Tennessee Attorney General Jonathan Skrmetti wrote in a statement.
“Free speech is a sacred American value, but the First Amendment does not require Tennessee to allow sexually explicit performances in front of children,” Skrmetti added. “We will continue to defend TN’s law and children.”
Another big win for Tennessee! Today, the U.S. Supreme Court declined to hear Friends of George’s v. Mulroy.
“Free speech is a sacred American value, but the First Amendment does not require Tennessee to allow sexually explicit performances in front of children,” said AG… pic.twitter.com/Tqiyi3aXwz
— TN Attorney General (@AGTennessee) February 24, 2025
Tennessee state Senate Majority Leader Jack Johnson, who authored the law, also issued a statement celebrating the news.
“This court decision makes it clear that sexually explicit performances belong in spaces for adults, not in front of kids,” Johnson’s statement read, according to The Center Square. “Just because an event is labeled ‘family-friendly’ doesn’t mean it’s appropriate for children or reflects Tennessee’s values. This law establishes a necessary legal standard, ensuring that what is truly family friendly is clearly defined.”
Johnson’s legislation was passed in the state’s Republican-controlled legislature in 2023, and was signed into law by Tennessee Gov. Bill Lee (R). A summary of the law explains that it “creates an offense for a person who engages in an adult cabaret performance on public property or in a location where the adult cabaret performance could be viewed by a person who is not an adult.”
Tennessee to ban ‘all ages’ Drag Shows, making any Drag Queen that performs an explicit adult show in front of a minor face a 1-6 year prison sentence. 🔐
📸 Credit: @thebattlecry_us pic.twitter.com/YG5d5NrjBS
— Oli London (@OliLondonTV) February 25, 2023
The law was proposed in response to numerous reports of unbelievably inappropriate drag performances across Tennessee that were advertised as “family friendly,” but ended up being sexually explicit.
Drag Queens in Tennessee are protesting about the recent ban on drag shows for kids.
Why do they want kids to be exposed to this? 🤔 pic.twitter.com/RtkA4oI960
— Oli London (@OliLondonTV) April 28, 2023