Florida’s Drag Show Investigation: A Dangerous Erosion of Civil Liberties
Florida Attorney General James Uthmeier recently launched an investigation into a drag show performance, a move that raises serious concerns about goverment overreach and teh erosion of essential rights. While framed as protecting children,this action – and the tactics employed – represent a troubling pattern of using state power to intimidate,surveil,and ultimately censor lawful expression. As digital rights advocates at the Electronic Frontier Foundation (EFF) have long warned, this is not about safety; it’s about control.
The Investigation: A Fishing expedition with No Legal Footing
The Attorney general’s office initiated the investigation without citing a specific law violated. The press release employed inflammatory rhetoric, accusing performers of “perversions” and framing drag shows as a threat to children’s innocence.This language immediately signals a politically motivated attack, rather than a legitimate law enforcement effort.
The investigation itself is deeply problematic.The state is demanding extensive personal data – video surveillance, guest lists, and reservation logs – from the venue. This isn’t investigating a crime; it’s attempting to identify and potentially punish individuals for legally attending a public event. Crucially, this occurred before any law restricting such performances was even in affect.
A Pattern of Misleading Legislation & Overreach
This investigation echoes a disturbing trend seen in legislation like the Kids Online Safety Act (KOSA) and other bills with deceptively benign names. These laws often prioritize control over genuine safety, creating opportunities for censorship and surveillance.
False Premise: The narrative that drag shows inherently endanger children is demonstrably false. Many drag shows are explicitly family-friendly, offering inclusive entertainment with no sexual content.
Political Scapegoating: Drag shows have become a convenient political target, fueling divisive rhetoric and justifying intrusive government actions.
Chilling Effect: The real-world consequence is a chilling effect on free expression, discouraging individuals from participating in legal and harmless activities.
The First Amendment & The Right to Association
The Supreme Court has repeatedly affirmed the constitutional right to privacy in association. Landmark cases ( NAACP v. Alabama, 357 U.S. 449 and Bates v. City of Little Rock, 372 U.S. 539) established that forcing disclosure of members of peaceful organizations violates the First amendment.
This principle applies equally to attendees of a drag show, a church service, or a political protest. The state has no legitimate interest in knowing who chooses to attend a legal gathering. Demanding such facts creates a climate of fear and self-censorship.
The Damage is Already Done
Even if the courts ultimately strike down this subpoena – as they should – the damage will be significant.
Targeted Individuals: A restaurant owner and town vice mayor is being embroiled in a state investigation simply for hosting a legal event.
Exposed Identities: Performers risk exposure to state surveillance, inclusion in law enforcement databases, and potential targeting by anti-LGBTQ+ groups.
suppressed Expression: Attendees, fearing government scrutiny, might potentially be discouraged from attending future events, potentially stifling the art form entirely.
Mission Creep & The Future of Privacy
This case exemplifies a dangerous pattern of “mission creep,” where policies ostensibly designed for public safety are weaponized for political retaliation and mass surveillance.
We must recognize that:
Attending a drag show does not forfeit yoru right to anonymity.
It should not subject you to government surveillance.
Your name should never be added to a government database simply for exercising your right to peaceful assembly.The EFF will continue to fight against these overreaching investigations and advocate for policies that protect civil liberties in the digital age. This isn’t just about drag shows; it’s about safeguarding the fundamental freedoms that underpin our democracy.
Resources:
EFF: Kids Online Safety Act (KOSA)
EFF: Global Age Verification Measures 2024 Year Review
[EFF: Impact of Age Verification
