Texas Senate Bill 12 struck down again by federal judge

Texas Senate Bill 12 drag ban First Amendment unconstitutional free speech

A federal judge in Houston has once again struck down Texas Senate Bill 12, a 2023 law that sought to restrict “sexually oriented performances” in the presence of minors. U.S. District Judge David Hittner ruled that the law is unconstitutional, finding it violates the First Amendment by imposing an overly broad and vague restriction on protected speech.

Judge Hittner noted that the law’s language, particularly the term “prurient interest in sex,” is so imprecise that it fails to provide reasonable notice of what is prohibited. He warned that the statute could potentially criminalize a wide range of mainstream entertainment, including ballet, musical theater, cheerleading, and even tribute performances for icons like Elvis Presley, Miley Cyrus, or the late Dolly Parton.

The ruling issues a permanent injunction against the enforcement of the law, blocking Texas Attorney General Ken Paxton from pursuing it. Hittner also addressed those who find such performances offensive, stating, “The solution is relatively simple… just don’t go.”

Under the original legislation, business owners hosting prohibited shows could face fines of up to $10,000, while performers could have faced Class A misdemeanor charges carrying up to one year in jail.

Entities

ACLU of Texas · Brigitte Bandit · David Hittner · Dolly Parton · Fifth Circuit Court of Appeals · Ken Paxton · Senate Bill 12 · Texas

Claims

What the coverage asserts, and how many sources carry each claim.

[● 11 SOURCES] Individuals offended by the performances should simply choose not to attend. ismorbo.com · www.mambaonline.com · dailyboulder.com · gomag.com · www.joemygod.com · +6 more
[● 21 SOURCES] The law prohibited sexually oriented performances in the presence of minors. ismorbo.com · www.mambaonline.com · dailyboulder.com · dallasvoice.com · www.gilmermirror.com · +16 more
[● 10 SOURCES] Performers could be charged with a Class A misdemeanor, potentially carrying up to one year in jail. dailyboulder.com · dallasvoice.com · www.joemygod.com · freerepublic.com · www.ibtimes.co.uk · +4 more
[● 4 SOURCES] The judge issued a permanent injunction against the enforcement of Senate Bill 12. dallasvoice.com · ismorbo.com · www.fox26houston.com · www.joemygod.com
[● 14 SOURCES] Business owners violating the law could face fines of up to $10,000. dailyboulder.com · dallasvoice.com · www.joemygod.com · freerepublic.com · www.ibtimes.co.uk · +9 more
[● 20 SOURCES] Texas Senate Bill 12 violates the First Amendment by restricting protected speech. ismorbo.com · www.mambaonline.com · dailyboulder.com · dallasvoice.com · www.gilmermirror.com · +15 more
[● 20 SOURCES] The law's vague definitions could potentially criminalize performances by figures like Dolly Parton or Elvis Presley. ismorbo.com · www.mambaonline.com · dailyboulder.com · www.gilmermirror.com · gomag.com · +15 more