The rise in state-level legislation around the United States in regard to the concept of freedom of expression in America does indeed seem concerning. What is becoming more and more of a common trend is the introduction of bills that limit an individual’s right to freely express themself. For example, “PEN America has documented an explosion of 116 state bills introduced since 2015—110 of which were introduced between 2017 and 2019 alone—that create new penalties or harsher sentences for protesters. In many cases, these bills appear to be direct responses to particular protests, or designed to constrain particular protest movements.” (Pen America). Furthermore stated by PEN America, “these new laws place a heavy burden on individuals in states where these bills have passed, forcing them to weigh their civic interest in exercising their First Amendment rights against the very real potential of being arrested or facing other reprisals.” (PEN America).
Limits to free expression include bills that have been passed that prohibit and restrict public art performances. For instance, in March of 2023, the state of Tennessee passed a bill enacting a sweeping ban of several types of performances, and as defined in the bill: “‘Adult cabaret performance’ means a performance in a location other than an adult cabaret that features topless dancers, go-go dancers, exotic dancers, strippers, male or female impersonators who provide entertainment that appeals to a prurient interest, or similar entertainers, regardless of whether or not performed for consideration.” This bill was passed in tandem with a bill that was passed that limits gender affirming care for minor citizens of the United States of America.
One form of free artistic expression that has been impacted by these oppressive bills is a program called Drag Queen Story hour. The mission statement of the program is that “Drag Story Hour celebrates reading through the glamorous art of drag. Our chapter network creates diverse, accessible, and culturally-inclusive family programming where kids can express their authentic selves and become bright lights of change in their communities.”
Interestingly, the bill that passed in earlier this year Tennessee may be in violation to an individual’s First Amendment rights. “Current Supreme Court decisions suggest that laws like the one just passed in Tennessee probably violate the First Amendment’s protection of free speech. This is, in part, because many drag performances are protected by the First Amendment, which safeguards not only spoken, written, and signed speech but also many other actions meant to convey messages.”
Another indication that the banning of public art performances is in violation hails from the ruling of the legal case of Hague v. Committee for Industrial Organization (1939), which stated that: “The government may regulate the privilege to express views on national questions in public streets and parks, but it may not withhold this privilege altogether.” Further stated in commentary of the aforementioned case was that “Public forums, such as parks, sidewalks, and streets, have broad First Amendment protections because of their traditional function as places for community interactions.” (1939).
