Attorney General Alan Wilson leads 18 states coalition supporting protecting children from lewd and obscene behavior
August 30, 2023
Attorney General Alan Wilson led an 18-state coalition in support of Tennessee’s defense of its Adult Entertainment Act (AEA), protecting minors from lewd and obscene behavior. A district court incorrectly ruled against the law, and Attorney General Wilson is leading this effort to support the appeal of that initial ruling.
Contrary to what its critics say, the law does not ban drag shows. By its own terms, the AEA applies only to certain forms of adult entertainment that are sexual or explicit performances, and the law does not even ban those performances. It simply requires this type of adult entertainment to occur in adult-only zones and prohibits such entertainment on public property.
“Protecting children from obscene and lewd behavior is not a new idea. We need to let kids be kids, and the state has legal authority to ensure their protection,” said Attorney General Alan Wilson. “I believe the Court wrongly ruled against the law, and I’m happy to lead a coalition of support for the law on appeal.”
Critics argue it’s a discriminatory law, but the statute prohibits performances that include “nudity, sexual excitement, sexual conduct, excess violence or sadomasochistic abuse” that “appeal[s] predominantly to prurient, shameful or morbid interests of minors,” in a “patently offensive” way that “lacks serious literary, artistic, political or scientific value for minors.” This law imposes the same restrictions on drag performers as any other sexually explicit performances, based on longstanding laws with adult establishments. Simply, a drag entertainer can’t perform sexually explicit performances at a library, or anywhere else where children may be present. The same rules apply for an exotic dancer or anyone else.
The amicus brief states, “… The district court disregarded decades of precedent that respects the role of legislatures—and state legislatures in particular—in shaping public policy. The Tennessee legislature did not act with an impermissible purpose, and the Court’s holding to the contrary undermines basic principles of separation of powers. The judgment of the district court should be reversed.”
Attorney General Wilson argues the Tennessee law, AEA, “suggest the General Assembly merely sought to advance its longstanding interest in ‘safeguarding the physical and psychological well-being’ of minor children.”
Attorney General Wilson led Alabama, Alaska, Florida, Georgia, Idaho, Indiana, Iowa, Louisiana, Mississippi, Missouri, Montana, Nebraska, North Dakota, Texas, Utah, Virginia, and West Virginia. on the amicus brief.
