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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 decision blocks Texas Attorney General Ken Paxton from enforcing the law, which imposed civil fines up to $10,000 on businesses and misdemeanor charges on performers.
  • Judge Hittner concluded that the statute's broad definitions were unconstitutionally vague and overbroad, potentially sweeping in non-obscene theater, sports matches, cheerleading, and cheer events.
  • Addressing critics of drag, the judge noted that popular culture has long featured provocative elements and remarked that those offended should simply choose not to attend.
  • Texas Attorney General Ken Paxton criticized the decision as profoundly flawed and announced plans to immediately appeal.
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KDFW broke the news on Tuesday, August 25, 2026.
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