A federal judge threw out a Texas law prohibiting “sexually oriented performances” in public or where they may be viewed by children, saying the so-called “drag ban” represented an unconstitutional infringement on free speech.
U.S. District Court Judge David Hittner issued a permanent injunction Tuesday against Senate Bill 12, citing case precedent that found “drag performances are expressive content that is afforded First Amendment protection.”
The law was signed in June by Republican Gov. Greg Abbott amid national concern over the rise, in the name of promoting inclusion, of bawdy drag performers making their way into schools, public libraries and other children’s venues. Cheering Judge Hittner’s ruling was the American Civil Liberties Union of Texas, which represented the plaintiffs, including local pride festivals, entertainment groups, and Austin-based drag queen Brigitte Bandit.
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