Florida is set to join the chorus of more than a dozen states
proposing laws that prohibit children from attending drag shows.
While Tennessee became the first state in the country to enact a
law restricting drag, at least 14 other states, including Florida,
have also proposed such legislation. These laws open constitutional
questions around whether such restrictions are consistent with the
First Amendment guarantee of freedom of expression.
PROTECTIONS FOR FREE SPEECH UNDER THE FIRST AMENDMENT
The First Amendment protects written and oral speech as well as
actions that convey ideas. The legal term for these actions is
"expressive conduct." In the past, the Supreme Court has
held that making and displaying art, picketing, parades, burning a
draft card and desecrating a U.S. flag are expressive conduct and
protected under the First Amendment. Drag shows, which blend
artistic and political messaging through gender-norm reversals,
have historically been understood as
