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Judge strikes down Texas law banning some drag performances

A federal judge on Tuesday struck down, for the second time, a Texas law that would have restricted public drag performances in the state. U.S. District Judge David Hittner ruled that the state Senate Bill 12, which was passed in 2023, violated the First Amendment and “is an unconstitutional restriction on free speech.” In the...

Judge strikes down Texas law banning some drag performances

On the same day Dolly Parton passed away at the age of 80, a federal judge in Texas ruled that a 2023 state law restricting drag performances was unconstitutional. The judge, David Hittner, cited Parton as an example of someone whose public persona might also have faced criminal penalties under the law. The statute, known as Texas Senate Bill 12, was deemed overly broad and violated the First Amendment by infringing on freedom of speech.

The judge explained that even "a single moment of eroticism could condemn an entire performance to criminal or civil penalties." He also pointed out that the law could criminalize iconic performances by artists like Elvis, who performed hip gyrations, and Miley Cyrus, who twerked on stage. The ruling allows the drag performer who challenged the law to proceed, and the decision is likely to be appealed to a federal appeals court and potentially the U.S. Supreme Court.

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