Dear Members of the Tennessee General Assembly,

We, the undersigned performers, artists, venue operators, business owners, event organizers, and community organizations, submit this letter as a unified demand for the repeal of Tennessee’s Adult Entertainment Act (“AEA”).

The AEA is unconstitutional on its face. It infringes upon protected expressive conduct, invites arbitrary and discriminatory enforcement, and departs from decades of settled First and Fourteenth Amendment jurisprudence that existed long before the law’s enactment in 2023.

Live performance—including theatrical, musical, satirical, and gender-nonconforming expression—has repeatedly been recognized by the United States Supreme Court as protected speech. (Schad v. Mount Ephraim; Hurley v. Irish-American Gay, Lesbian & Bisexual Group of Boston; Texas v. Johnson.) The State may not suppress expression simply because it challenges norms or provokes discomfort.

The AEA is constitutionally defective for multiple independent reasons:

1. Content-Based and Viewpoint Discrimination
By singling out “male or female impersonators,” the Act explicitly targets a specific category of expression and the viewpoints associated with it. This triggers strict scrutiny, which the law cannot survive. Moral disapproval is not a compelling governmental interest.

2. Vagueness and Overbreadth
The Act provides no clear, objective standard for what constitutes prohibited “adult cabaret” when applied to drag or gender-nonconforming performance. This vagueness forces performers and venues to self-censor lawful expression out of fear of criminal liability, violating due process and chilling protected speech.

3. Improper Conflation of Drag with Obscenity
Obscenity is narrowly defined under Miller v. California. Drag performance, standing alone, does not meet that standard. The AEA unlawfully presumes that gender nonconformity is inherently sexual, a premise unsupported by law.

4. Prior Restraint and Chilling Effect
The practical effect of the AEA has been widespread suppression of lawful activity. Events are canceled, performances altered or abandoned, and venues decline bookings—not due to obscenity, but due to fear. Prior restraints and chilling effects are among the most serious constitutional violations recognized by the Supreme Court.

5. Equal Protection Concerns
The Act disproportionately burdens expression associated with LGBTQ+ communities while allowing comparable performances in other theatrical or cultural contexts. Selective censorship rooted in cultural hostility violates the Equal Protection Clause.

The continued existence of this law exposes the State to ongoing litigation, inconsistent enforcement across jurisdictions, and unnecessary expenditure of public resources. More importantly, it undermines Tennessee’s commitment to free expression, lawful commerce, and artistic freedom.

We therefore call upon the Tennessee General Assembly to take immediate action to repeal the Adult Entertainment Act in its entirety. This law cannot be salvaged through enforcement discretion or minor amendment. It is incompatible with constitutional guarantees and must be removed.

We respectfully request written clarification of your position on repeal and the steps you intend to take to address this constitutional violation.

Sincerely,

 
Signatories: