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Ban on drags shows in Texas struck down by Reagan judge citing Dolly Parton’s ‘sex symbol’ legacy

Developed over time first seen 2 months ago

Daily Mail ·

A federal judge in Texas has again struck down a law restricting certain drag performances, ruling that it violated First Amendment free-speech protections. The decision is a setback for Texas Attorney General and Senate candidate Ken Paxton, whose office had defended the measure, and highlights concerns that its wording could criminalise a broad range of artistic expression.

US District Judge David Hittner found that Senate Bill 12’s ban on “sexually oriented” performances on public property or before under-18s was overly broad, citing Dolly Parton’s public image as an example of mainstream entertainment that could be caught by it. The law allowed fines of up to $10,000 for businesses and a Class A misdemeanour, carrying up to a year in prison, for performers; Hittner had first blocked it in 2023 before an appeals court ordered reconsideration.

  • Texas drag-performance restrictions ruled unconstitutional again
  • Judge found the law overly broad
  • Businesses faced $10,000 fines

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Texas Senate Bill 12 was passed in 2023 as part of a wider US debate over rules for performances that children can attend. It sought to restrict certain sexually oriented performances on public property or where minors could be present, with penalties for businesses and performers.

Drag performances usually involve entertainers using costumes, make-up and stage personas associated with a different gender, though they vary widely in style and content. Supporters of restrictions have raised concerns about material they consider unsuitable for children, while opponents argue that the measures can limit artistic expression and unfairly single out drag artists.

The case centres on the First Amendment to the US constitution, which protects freedom of speech and expression. Courts must decide whether a law is written narrowly enough to address the conduct it targets without also applying to lawful mainstream entertainment.

Both sides, in good faith

The strongest fair case each way — we don't pick a winner.

The case for

Supporters of the restriction argue that the state has a legitimate, longstanding duty to shield children from performances it reasonably considers sexually explicit, particularly in public settings and commercial venues where parents may not expect adult material. They contend that the law was aimed at conduct, not identity or artistic expression, and that communities should retain scope to set age-appropriate standards while leaving adult-only performances available to consenting audiences.

The case against

Opponents argue that the law’s vague and expansive definitions threaten protected expression far beyond explicitly sexual material, enabling inconsistent enforcement against drag artists and mainstream performers alike. They maintain that protecting children cannot justify broad speech restrictions backed by fines and criminal penalties, especially where parents and venues can make age-appropriate choices without the state suppressing lawful performance.

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