TARGETING DRAG SHOWS IS A THREAT TO THE FIRST AMENDMENT

Russell Cormican

Act passed by the Ugandan Parliament would undermine fundamental human rights of all Ugandans and could reverse gains in the fight against HIV/AIDS. We urge the Ugandan Government to strongly reconsider the implementation of this legislation.”

According to the Post though right-wing religious activists in the U.S. have for years campaigned in Africa pushing the country’s enacting anti-LGBT legislation.

“Versions of the bill have been around since 2009, and in 2014, Museveni’s government passed a similar law, whose first iteration included the death penalty for HIV-positive people and for engaging in gay sex with a minor. It was ultimately struck down by the court for not following due parliamentary process,” the Post writes

Foreign Policy did a deep dive on the subject recently in a story, “How U.S. Evangelicals Helped Homophobia Flourish in Africa.”

Gov. Ron DeSantis’ latest attack on drag shows illustrates not only his contempt for LGBT culture, but also his disregard for the First Amendment rights of all Americans. Drag performance has long been recognized as an important form of artistic expression in our country. From Milton Berle to Dustin Hoffman to Robin Williams to RuPaul.

For decades, performers have appeared in drag on movie screens and stages across the nation. In the LGBT community, drag has been imbued with an even greater degree of cultural importance and is woven into the fabric of gay culture.

Drag enjoys the same level of protection under the First Amendment as other types of artistic expression. The actions taken by the DeSantis administration amount to unconstitutional restraints on those First Amendment freedoms. By threatening the Hyatt (and other venues) before the performance even occurred, the administration has engaged in a prior restraint on the performers’ exercise of their constitutional rights.

By making good on that threat and seeking to punish the Hyatt venue, the administration has engaged in outright censorship.

As moral crusaders often do, the DeSantis administration has attempted to portray their assault on the First Amendment as being necessary to protect children.

The same tactic was employed against Elvis Presley’s hip shaking and 2 Live Crew’s rhymes. However, the performances targeted here are no more explicit than many other forms of mainstream entertainment that have not been targeted. The only difference is that drag shows are symbolic of LGBT culture and are therefore targeted by an administration trying to score points with its base.

As is often the case with efforts to suppress free speech, the danger extends far beyond just the production being targeted. The governor’s actions are likely to cause a chilling effect on the expression of other performers and venues who have not yet been targeted. The fear of enforcement will cause more venues to choose not to present drag shows, and performers will alter their performances.

The result is a slow erosion of free expression. The chilling effect of these unconstitutional actions is why it is imperative for performers, venues, and patrons to join together and oppose these attacks on our freedoms.