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Federal Judge Rules Texas Drag Show Ban Unconstitutional

The ruling blocks enforcement after the judge found the measure was too vague and broad to survive First Amendment review.

  • On Tuesday, U.S. District Judge David Hittner struck down Texas Senate Bill 12, a 2023 law banning "sexually oriented performances," ruling it an unconstitutional restriction on free speech.
  • The statute, which prohibits performances on public property or before minors, faced a yearslong legal battle after the Fifth Circuit Court of Appeals initially allowed it to take effect earlier this year.
  • Hittner wrote the law is overly broad, noting it could treat "cheerleading, dancing, live theater, and other common public occurrences" as criminal violations.
  • Calling the ruling "an affront to Texas values," Texas Attorney General Ken Paxton vowed to appeal the decision and argued without proof that it endangers children.
  • Plaintiff Brigitte Bandit and ACLU of Texas attorney Brian Klosterboer celebrated the decision, stating the ruling confirms the attempt to ban such performances was "unconstitutional from start to finish.
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KDFW broke the news on Tuesday, August 25, 2026.
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