TL/DR –
A federal judge in Texas has ruled that a state law intended to restrict drag shows was unconstitutional. The law, known as Texas Senate Bill 12, would have fined business owners up to $10,000 for hosting drag events, and performers could have faced a Class A misdemeanor charge, which carries a potential one-year jail sentence. Judge David Hittner, a Reagan appointee, determined that the law violated the First Amendment’s protection of free speech and that it was overly broad and vague on its face.
Texas Judge Strikes Down Unconstitutional Drag Show Law
U.S. District Judge David Hittner, a Reagan appointee, struck down a Texas law restricting drag shows as unconstitutional on Tuesday, a significant legal blow against state Attorney General Ken Paxton, who had championed the law.
The Texas Senate Bill 12 was ruled as infringing free speech rights, with Hittner advising dissenters to “just don’t go” if they found drag shows offensive. Paxton’s office hasn’t responded on the ruling yet.
The law threatened business owners with fines up to $10,000 for hosting drag shows, charging performers with a Class A misdemeanor that could lead to one-year imprisonment.
Hittner first deemed the law unconstitutional in 2023, but it was returned for reassessment by the 5th U.S. Circuit Court of Appeals. The law was put back into effect last year after the court’s ruling.
Texas is one of a few states to have legislated against drag shows.
In his ruling, Hittner cited Dolly Parton as an example of the law’s flawed definition of “prurient interest”, pointing out that many mainstream performances could be viewed as “erotic.”
One of the case plaintiffs, a drag queen known as Brigitte Bandit who’s a Dolly Parton impersonator, hailed the ruling as a win for free speech. Bandit intends to honor Parton, who gifted her a rhinestone guitar, at a performance on Saturday.
Hittner expressed concerns over the law’s breadth and vagueness, stating it could render commonplace public activities as potentially illegal without clear guidelines.
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