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U.S. District Judge David Hittner strikes down Texas drag show ban as an unconstitutional restriction on free speech.

U.S. District Judge David Hittner ruled Tuesday that Texas Senate Bill 12, a law intended to restrict explicit sexual performances in front of children, is unconstitutional. The ruling prevents Attorney General Ken Paxton from enforcing the law, which would have fined business owners up to $10,000 and charged performers with a Class A misdemeanor. Judge Hittner, a Reagan appointee, determined that the measure improperly restricted free speech under the First Amendment. He noted that the law was overly broad, potentially subjecting common activities like dancing and cheerleading to penalties. In his decision, he criticized the law's definition of 'prurient interest,' noting that it could have penalized popular performances like those of Dolly Parton. Attorney General Ken Paxton announced he will appeal the decision to the U.S. Fifth Circuit Court of Appeals. While supporters of the law argued it was necessary to protect children, critics and drag performers, including Brigitte Bandit, celebrated the ruling as a victory for free speech.

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