The Supreme Court declined to hear a challenge to a Tennessee law that protects children from viewing sexually explicit performances.
The court on Monday denied a petition from Friends of George’s, a Memphis-based theater group, that claimed a law banning sexually explicit performances in front of children violated the First Amendment. In July, the Sixth Circuit Court of Appeals ruled 2-1 that the law could take effect, overturning a federal judge’s decision to block the law.
“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 said. “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 Skrmetti. “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 Senate Majority Leader Jack Johnson, who authored the legislation, also celebrated the news from the court.
“This court decision makes it clear that sexually explicit performances belong in spaces for adults, not in front of kids,” Johnson said. “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.”
The law was passed by the Republican-controlled state legislature in 2023 and signed by GOP Governor Bill Lee. In June of 2023, a federal judge blocked the law from going into effect, saying that it was “unconstitutionally vague and substantially overbroad.”
According to a summary of the law, 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.”
The law passed after a series of reports of drag performances across the state that were billed as “family friendly,” but were explicit in content.
The Supreme Court is currently considering another Tennessee law meant to protect children.
In December, the court heard arguments over Tennessee’s law that bans procedures like giving minors puberty blockers and cross-sex hormones, and performing surgeries like removing the breasts of girls who identify as boys. The law was temporarily blocked by a federal judge after it was passed in 2023 before the Sixth Circuit Court of Appeals allowed the law to take effect.
After oral arguments on the case in December, the Supreme Court appears poised to rule in Tennessee’s favor. Justices Clarence Thomas, Samuel Alito, Brett Kavanaugh, John Roberts, and Amy Coney Barrett all seemed skeptical of the claims made by the ACLU and the previous Biden administration.
