US EditionFederal judges continue blocking Montana law restricting drag performances
The Ninth Circuit found Montana's House Bill 359 likely violates the First Amendment by imposing content-based restrictions on drag performances and story hours, blocking enforcement since 2023.
- On Friday, the U.S. Court of Appeals for the Ninth Circuit upheld a preliminary injunction blocking Montana from enforcing House Bill 359 since 2023, with Judge Jennifer Sung writing the law restricts protected speech.
- The 2023 Montana Legislature passed House Bill 359 , which bans drag story hours in publicly funded schools and libraries, and a federal district judge issued a preliminary injunction after plaintiffs sued to stop the law.
- The statute’s definitions single out performers by persona and costume, with H.B. 359 labeling drag story hours as involving 'flamboyant or parodic' personas and 'glamorous or exaggerated' costumes, and bans 'sexually oriented' acts like 'stripping' in publicly funded venues, with the court citing Disney films and the Roxy Theatre to highlight vagueness.
- The ruling leaves the injunction in place as the case continues in district court, with the preliminary injunction blocking enforcement because plaintiffs canceled or modified events and the State of Montana must defend H.B. 359 at trial in Brian M. Morris’s federal district court.
- The court applied strict scrutiny to the law’s limits on expression, treating drag story hours as protected expressive activity and warning H.B. 359 could sweep in performances including Dolly Parton and films.
11 Articles
11 Articles
Federal appeals court upholds injunction against Montana’s drag ban
The U.S. Ninth Circuit Court of Appeals affirmed a federal judge’s injunction against House Bill 359, passed by the Montana Legislature in 2023, which banned drag performers and popular events like “drag story hour” under threat of criminal penalties, saying…
Federal judges continue blocking Montana law restricting drag performances
A panel of federal judges is continuing to block a Montana law that restricted drag performances.On Friday, three judges from the U.S. 9thCircuit Court of Appeals upheld a preliminary injunction, which has kept the state from enforcing House Bill 359 since 2023.H.B. 359s drag-story-hour and sexually-oriented performance provisions restrict protected speech based on content, wrote Judge Jennifer Sung. As such, they are subject to strict scrutiny.…
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