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Lawsuit over Tennessee law that puts limits on drag shows dismissed by federal court in win for Republicans

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Lawsuit over Tennessee law that puts limits on drag shows dismissed by federal court in win for Republicans

In a win for Tennessee’s Republican-led legislature, a federal appeals court on Thursday dismissed a lawsuit brought by an LGBTQ group that challenged a state law restricting drag shows considered “harmful to minors.”

Friends of George’s, a Memphis-based theater that does “drag-centric performances,” sued over the law last year, claiming it would hurt its business because it has no age restrictions. 

The 6th U.S. Circuit Court of Appeals on Thursday ruled that Friends of George’s didn’t have legal standing to sue over the law because it wasn’t at risk of violating the law, finding its shows weren’t “harmful to minors.”

The ruling reverses a lower court decision that called the law unconstitutional after the group sued, temporarily blocking its enforcement in Memphis’ Shelby County. The lower court had called the law “substantially overbroad” and said it encouraged “discriminatory enforcement.” 

SUPREME COURT DENIES DESANTIS IN LEGAL BATTLE OVER DRAG QUEEN BAN

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In a win for Tennessee’s Republican-led legislature, a federal appeals court on Thursday dismissed a lawsuit brought by an LGBTQ group that challenged a state law restricting drag shows that are “harmful to minors.” (Patrick Lantrip/Daily Memphian via AP, File)

With the support of Republican Gov. Bill Lee, the first-of-its-kind law was passed by the state legislature last year but has faced legal hurdles since then. 

“Harmful to minors” has been defined by the Tennessee Supreme Court as shows that lack “serious literary, artistic, political, or scientific value for a reasonable 17-year-old minor.”

WeHo Pride Parade

People participate at the inaugural WeHo Pride Parade in West Hollywood, Calif. (AP)

In its ruling Thursday, the appeals court said Friends of George’s “has not alleged that its performances lack serious value for a 17-year-old. In fact, it insists the exact opposite. Its own witness, a member of FOG’s board, conceded that its shows ‘are definitely appropriate’ for a 15-year-old and would ‘absolutely’ have artistic value for a 17-year-old.” 

DRAG PERFORMER SPEAKS OUT AGAINST ALLOWING KIDS TO ATTEND DRAG SHOWS: ‘THIS IS AN ADULT VENUE’

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But state Rep. Aftyn Behn, a Democrat, claimed Thursday’s ruling was a “misguided attack on the LGBTQ+ community.”

Tennessee capitol

With the support of Republican Gov. Bill Lee, the first-of-its-kind law was passed in the state legislature last year but has faced legal hurdles since.  (Jon Cherry/Getty Images)

“This isn’t about protecting kids; it’s about spreading fear and division,” she said. “It’s ironic that those who claim to support small government are the first to impose it on our personal freedoms.”

Friends of George’s told Fox News Digital they were “shocked and disappointed” by the decision.

“Instead of addressing the constitutionality of Tennessee’s drag ban, this ruling has left us and thousands of others in the LGBTQ+ community dangerously in limbo, with no clear answers as to how this ban will be enforced and by whom,” the group said. “The only thing that is clear about this law is that it’s firmly rooted in hate and defies the will of the majority of Tennesseans. Friend’s of George’s will continue to fight this bigoted anti-trans law in the courts, as we rehearse for our next theatrical production, slated to open on August 2nd. To comply with the recently reinstated ban, this production will be strictly for audiences ages 18 and over.”

Tennessee Attorney General Jonathan Skrmetti argued, however, the law was “constitutionally sound.”

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“As a state overflowing with world-class artists and musicians, Tennessee respects the right to free expression,” he said in a statement. “But as the court noted, Tennessee’s ‘harmful to minors’ standard is constitutionally sound, and Tennessee can absolutely prohibit the exhibition of obscene material to children.”

The Associated Press contributed to this report. 

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Exclusive: Country star Brian Kelley to release 'Make America Great Again' song: 'I'm a proud American'

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Exclusive: Country star Brian Kelley to release 'Make America Great Again' song: 'I'm a proud American'

EXCLUSIVE: Country music star Brian Kelley performed at the 2024 Republican National Convention on the third day of the political event in Milwaukee and later teased fans via social media with the release date of his new song, “Make America Great Again.”

The self-written single will be released to fans next Friday.

On Wednesday, Kelley took to the RNC’s main stage and performed his song “American Spirit,” which debuted to fans in 2022.

COUNTRY SINGER BRIAN KELLEY ‘SO GRATEFUL’ TO AMERICAN HEROES WHO FOUGHT TO ‘PROTECT OUR FREEDOMS’

Country singer Brian Kelley is releasing a single, “Make America Great Again,” to fans next week. (Chip Somodevilla/Getty Images)

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“I got a call and asked if I was interested, and I said, ‘Absolutely, I’m available,’” Kelley told Fox News Digital in a video interview. He said he learned he would perform around the time Gold Star Families paid tribute to their fallen loved ones.

“I just felt like it was a great opportunity to go support my country,” Kelley said. “I think it was one of the best moments I’ve ever had in my career.”

Kelley performed opposite the Holy Redeemer Institutional Church of God In Christ Choir, and UNC fraternity brothers stood tall while carrying Old Glory in front of the stage.

The “See You Next Summer” singer said the performance is something he will remember for the rest of his life and that his parents expressed pride and assurance about his choice to entertain the political crowd.

“The atmosphere was electric,” he said of the crowd. “You could feel the love. You could feel the support, and it felt like a family.”

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Brian Kelley at RNC 2024

Brian Kelley, a country musician, performed at the 2024 RNC. (Chip Somodevilla/Getty Images)

5 BIGGEST MOMENTS FROM TRUMP’S SPEECH TO RNC

While Kelley said he didn’t have the opportunity to cross paths with former President Trump, who officially accepted the GOP nomination for president Thursday night, he is looking forward to shaking his hand soon.

“I can’t imagine what he’s been through,” Kelley said of “45.”

On Saturday, the former president was speaking at a campaign rally in Butler, Pennsylvania, when a lone gunman opened fire and struck Trump in the ear in an attempt to assassinate the GOP nominee.

“I was just disgusted,” Kelley said of finding out about the shooting. “It’s sad that that happened here in America.”

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Kelley’s message to Americans is that no matter what political side you are affiliated with, there is no room for violence. 

COUNTRY SINGER FOCUSED ON FAMILY, GOD

“I wrote ‘Make America Great Again’ a week before the assassination attempt,” Kelley said. “It was a no-brainer that I had to put it out.”

The singer-songwriter said he spent two or three days cultivating patriotic lyrics. Kelley hopes the single will be an American anthem for those looking to uncover their own voice. He added that the song was easy to write becaue he drew from his own feelings and frustrations about the state of the world.

“I just felt it in my heart, felt it in my gut, that, you know, I’m gonna take a stand, and I’m gonna put this song out,” Kelley said. “I’m really proud of it. At the end of the day, I’m a concerned real American.”

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Kelley, a Florida native, said he was raised by his parents to express his beliefs, never waver and refuse to back down. He said he is staying true to those values and using his creative interests to vocalize his support for Trump.

“Maybe, at the end of the day, maybe this song can win some undecided people over,” Kelley said. “Maybe those that don’t even agree with what I’m saying can understand that I have a backbone and that I’m standing on ground in which I believe and there’s nothing more authentic than that.

“I’m a proud American, and I think we can Make America Great Again.”

Kelley is expecting backlash but is unbothered by that prospect.

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“I’m concerned with giving a voice to those that need it and that are looking for it,” Kelley concluded.

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Florida toddler with autism found dead at resort after possible drowning: police

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Florida toddler with autism found dead at resort after possible drowning: police

A missing three-year-old with autism was discovered deceased in a body of water at a Florida resort Thursday.

Rakim Akbari was reported missing earlier the same day after having wandered away from his family while visiting the Sheraton Vistana Village in Orlando, according to a statement by the Orange County Sheriff’s Office.

PENNSYLVANIA PARENTS VACATIONING WITH CHILDREN IN FLORIDA DROWN AFTER GETTING CAUGHT IN RIP CURRENT

It is unclear whether the child was discovered in one of the resort’s swimming pools or in a man-made lake on the property.

“It is with heavy hearts that we must share that our deputies have found Rakim Akbari deceased in a body of water at the resort where he was reported missing this morning,” stated the Orange County Sheriff’s Office.

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Sheraton Vistana Villages Resort Villas, man-made lake in the evening.  (Jeffrey Greenberg/Universal Images Group via Getty Images)

The statement added, “We are grieving his loss, and our prayers are with his family.”

FLORIDA MOM ALLEGEDLY ATTEMPTS TO DROWN ‘POSSESSED, DEVIL TODDLER’ FOR KNOCKING OVER PLANT: REPORT

Police reported Rakim as a missing person as soon as he went missing Thursday with a graphic alongside his photograph.

“Rakim, who also goes by ‘Tuda,’ has autism, and there is extreme concern for his well-being. He was wearing white pajama pants and a maroon shirt when he was last seen this morning,” reads an earlier statement by the Orange County Sheriff’s Office.

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A photo of Rakim Akbari alongside descriptive details provided by the Orange County Sheriff's Office

Rakim, who went by ‘Tuda,’ was reported missing early Thursday morning by police. (Orange County Sheriff’s Office)

“Please help us get the word out about this missing 3-year-old boy. Rakim Akbari wandered away from a resort in the 8800 block of Palm Village Circle this morning (7/18).”

Police have not yet confirmed the cause of the child’s death.

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According to the Orange County Sheriff’s Office, “detectives are still looking into how this tragedy occurred.”

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True crime podcaster attempts to solve father’s 'strange' murder: ‘He did not deserve to die in this way’

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True crime podcaster attempts to solve father’s 'strange' murder: ‘He did not deserve to die in this way’

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Madison McGhee always believed that her father died from a heart attack – but that all changed in 2012.

The Charleston, Virginia, native, who was 16 at the time, was visiting her family at her grandmother’s house. She suddenly had a strange feeling that she couldn’t breathe. The patriarch was on her mind.

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“I remember after saying goodbye, I got in the car and asked my mom a very weird question,” McGhee recalled to Fox News Digital. “I wasn’t even sure I understood what I was asking at the time. I asked her if my cousin Omar was with my dad when he died, thinking that he had died of a heart attack.”

SERIAL KILLER SURVIVOR WONDERS WHY HE WAS SPARED AFTER CHILLING CAR RIDE: ‘HE WAS A MONSTER’

Madison McGhee is determined to solve her father’s murder and has launched a true-crime podcast, “Ice Cold Case.” (Courtesy of Madison McGhee)

“That’s when my mom told me the truth,” said McGhee. “The truth was my dad was murdered, and it’s still unsolved.”

McGhee, who now resides in Los Angeles, is on a quest to find out what happened to her father. She’s the host of the true-crime podcast, “Ice Cold Case,” where she interviews those who may lead her to answers.

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“For 10 years, my dad in my mind had died of a heart attack,” said McGhee. “But to then find out he died a completely different way? I had to start the process completely over. I had to grieve him all over again. I’ve had to grapple with the truth of what happened to him.”

J.C. holding a smiling young Madison McGhee

For years, Madison McGhee thought her father, J.C., died from a heart attack. (Courtesy of Madison McGhee)

On July 11, 2002, John Cornelius McGhee, also known as “J.C.,” was shot in the head in the doorway of his home in Belmont County, Ohio. He was 45.

McGhee was six years old at the time.

“My most vivid memories of him are almost like a movie,” said McGhee. “I remember being in the car listening to music with him. The song ‘Hot in Here’ by Nelly had just dropped. My dad also loved playing the ‘Space Jam’ soundtrack. Nothing special happened on those days. I don’t remember birthday parties or anything like that. I just remember those little moments listening to music with him in the car. I remember being loved by my dad.”

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Poster for Ice Cold Case

“Ice Cold Case” is available for streaming now. (Beck Media)

It wouldn’t be until 2020 that McGhee was compelled to find out what happened to J.C. and why his death remains unsolved. The coronavirus pandemic was ongoing, and work had slowed down.

“I knew I needed to do something big if I wanted answers,” said McGhee. “I was furiously making phone calls, trying to get these case files, trying to put in requests, just trying to get any access to any records. I started talking to people and making connections. It was a tough journey.”

McGhee said the popularity of true-crime podcasts inspired her to launch “Ice Cold Case.” She believed it would raise awareness and encourage anyone with information to come forward.

Madison McGhees family portrait

Madison McGhee hopes anyone with information about J.C.’s death will come forward. (Courtesy of Madison McGhee)

“I feel pretty confident that I will get to the bottom of this,” she said. “The podcast has already opened up a conversation that no one has had for 22 years. It’s shaken people up a bit, but I also think it opened their eyes to this unsolved case. The locals are talking about it. People who remember this happening are now having epiphanies. . . . It’s shaken up the community and people are wondering why this case isn’t solved. . . . The impact is undeniable. And I don’t want anyone to get away with this.”

J.C. holding a baby Madison McGhee as he smiles proudly.

The podcast revealed that J.C. had been a drug dealer-turned-informant. (Courtesy of Madison McGhee)

According to the podcast, J.C. had been a drug dealer-turned-informant. He helped police arrest several people, including one of his nephews, who was sentenced to life in prison. While the police concluded that J.C.’s murder had been a home invasion gone wrong, McGhee had her doubts.

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“This investigation was very inconclusive and incomplete in my opinion,” McGhee explained. “. . . And I think people who have information are afraid to talk. If the person who killed my dad isn’t in prison for something else, then that means there’s a killer on the loose. That element makes people afraid to talk. They don’t know if my dad got killed potentially because he was a snitch. What message does that send to people who would want to come forward with information?”

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Madison McGhee as a child posing with her mother at the beach.

Madison McGhee said it was her mother who revealed the truth. (Courtesy of Madison McGhee)

That hasn’t deterred McGhee.

“I’ve heard from family members that they are less than thrilled about this show,” she admitted. “I think they’re upset about the skeletons coming out of the closet. Some of them, I think… are worried about how they would be implicated in this. So, they are sending crazy messages. And I think that’s also interesting. It’s a bit telling when someone is feeling so openly defensive. It almost sheds a light on them that maybe they didn’t want.”

McGhee said that after being in the dark for so long, she didn’t think twice about putting the spotlight on those who may have answers.

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Madison McGhees mother holding her as a baby in the hospital with J.C. leaning in.

“I want people to see my father as human. He was a victim, regardless of the circumstances. My dad was a drug dealer, but he was also my dad,” Madison McGhee said. (Courtesy of Madison McGhee)

“My dad used to talk to my mom quite a bit about thinking that someone was going to kill him,” McGhee claimed. “I think he knew and dealt with the weight of his decisions and his lifestyle. My mom used to say, ‘Oh stop, you’re going to be OK. Don’t say that.’ It’s very easy to brush it off, like, ‘You’re a little paranoid. You’re being a little dramatic.’ I think my dad just had a very strong intuition that something was going to happen to him. And it did.”

Madison McGhee holding her baby sister as her father J.C. looks ahead.

Madison McGhee said her father J.C. feared for his life shortly before he was killed. (Courtesy of Madison McGhee)

When McGhee heard the 911 call for the first time, she was left with more questions than answers.

“It didn’t make a lot of sense,” she said. “When I think of a home invasion, I think of a robbery. . . . Nothing was stolen. . . .You would have also heard the gunshot. My dad’s house was on this small hill, but the hill kept going. Then there’s a highway. It echoes. . . . But nothing was brought up about a gunshot. It just seemed strange for a home invasion. It’s all strange.”

McGhee said that since “Ice Cold Case” launched, she has gotten tips and is exploring new leads. She is hopeful that, eventually, she will discover the identity of the person who shot J.C.

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Madison McGhee as a child dressed as a ballerina.

Madison McGhee was six years old when she lost her father. (Courtesy of Madison McGhee)

“Everyone deserves justice – there’s no such thing as the perfect victim,” said McGhee. “I dealt with a lot of uphill battles to get this show out into the world because no one wanted to help me. They just saw a drug dealer-turned-informant from Ohio. But my dad was so much more than that.”

“I want people to see my father as human,” she continued. “He was a victim, regardless of the circumstances. My dad was a drug dealer, but he was also my dad. He did not deserve to die in this way. It’s very easy to say, ‘That’s what he signed up for,’ but no one deserves to be murdered.”

Through the grief, McGhee has gained a deeper appreciation for the man she only knew for six years.

Madison McGhee wearing a grey blazer and light blue jeans.

Madison McGhee is determined to find out what happened to J.C. (Beck Media)

“My dad was a good dad,” she said. “He was dynamic and a good person. I’m now learning from people how he was so generous and helped the people he loved. When you needed help, he was there. . . . Now I’m there for him.”

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