"Perhaps Chris Todd would understand this if he was someone who knew anything about the law ..."

[mahatmakanejeeves]

The First Amendment Retweeted

Well, as it turns out, the law actually violated decades of Supreme Court precedent, which the court cited to in its opinion.

Perhaps Chris Todd would understand this if he was someone who knew anything about the law instead of just a general fucking idiot.

Before you get too excited about what’s being reported, facts should be considered. Although I’m disappointed that this court ignored decades of Supreme Court precedent, I’m confident the law is narrowly tailored to protect our kids from sexually explicit performances.
Show this thread

Link to tweet

The judge provided an “opinion” that the law was unconstitutional but the court ONLY enjoined the law in Shelby county. IT STILL STANDS AND APPLIES TO THE OTHER 94 COUNTIES. I’m hopeful our AG will continue to defend it and appeal the decision.

Link to tweet

The First Amendment Retweeted

This is nonsense. The law has been declared unconstitutional everywhere. The only Defendant in the case was enjoined from enforcing it anywhere in his jurisdiction. The fact that courts can’t enjoin non-parties doesn’t mean the law wasn’t declared unconstitutional everywhere.

The judge provided an “opinion” that the law was unconstitutional but the court ONLY enjoined the law in Shelby county. IT STILL STANDS AND APPLIES TO THE OTHER 94 COUNTIES. I’m hopeful our AG will continue to defend it and appeal the decision.
Show this thread

[unblock]

1. "the court ONLY enjoined the law in Shelby county. IT STILL STANDS AND APPLIES TO THE OTHER 94

COUNTIES."


Um, that's kinda the way it works. The Shelby county DA was the governmental party to the case. So that's who was enjoined from enforcing the law. But:


"but that doesn't mean the ruling won't impact the rest of the state. Because the state's attorney general cannot enforce the law in Shelby County, any subsequent attempts to enforce the ban in other parts of the state would likely be immediately and successfully challenged in court, attorneys said."

https://www.usatoday.com/story/news/politics/2023/06/03/tennessees-unconstitutional-drag-ban-struck-down-by-federal-judge/70284435007/


As a practical matter, sensible DAs simply would stop enforcing it, deeming any case unwinable. That said, the right wing has an agenda here so they might try it in another county. And Lose. But eventually the other counties will give up even if no court ever says it's unconstitutional across the entire state.