As expected, Tennessee cannot so restrict freedoms of speech and expression. So says this 70 page legal opinion.
This is an able federal court judge doing his level best to explain to hard right supposed "X-tians" in plain English why what they attempted is. . . deeply Un-American.
. . .Freedom of speech is not just about speech. It is also about the right to debate with fellow citizens on self-government, to discover the truth in the marketplace of ideas, to express one’s identity, and to realize self-fulfillment in a free society.
That freedom is of first importance to many Americans such that the United States Supreme Court has relaxed procedural requirements for citizens to vindicate their right to freedom of speech, while making it harder for the government to regulate it [footnotes omitted]. . . .
. . .“It is. . . well established that speech may not be prohibited because it concerns subjects affecting our sensibilities. . . .”; Reno v. A.C.L.U., 521 U.S. 844, 874 (1997) (reaffirming that the First Amendment protects sexual expression which is indecent but not obscene). . . .
After considering the briefs and evidence presented at trial, the Court finds that -- despite Tennessee’s compelling interest in protecting the psychological and physical wellbeing of children -- the Adult Entertainment Act (“AEA”) is an UNCONSTITUTIONAL restriction on the freedom of speech and PERMANENTLY ENJOINS Defendant Steven Mulroy from enforcing the unconstitutional statute. . . .
Exactly. Onward, grinning into the sunshine. People are again freed, here in this fragile experiment with ordered liberty, to dance in any costume they please, regardless of the largely accidental shape of their genitalia at birth. Smile. . . .
नमस्ते
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