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David Hittner Rules Texas Drag Ban Unconstitutional, Protecting Free Speech for Performers

U.S. District Judge David Hittner struck down a 2023 Texas state law that sought to restrict drag performances, ruling that the legislation was unconstitutional. The court found that Senate Bill 12 improperly restricted speech by targeting performances that appeal to the "prurient interest in sex," a definition the judge deemed overbroad and vague. In his ruling, David Hittner noted that the law was so broad it could potentially penalize common public occurrences such as cheerleading and dancing. He also cited country icon Dolly Parton as an example of a performer who could have been subject to penalties under the law. The decision prevents Texas Attorney General Ken Paxton from enforcing the law and denies his motion for a new trial. While Ken Paxton plans to appeal the decision, the ruling is a victory for drag performers and advocates who argue that the state should not censor art. The court's decision reaffirms that drag is protected speech under the First Amendment.

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