Celebrate the Court for Defending Drag as Free Speech

A federal judge has struck down Texas’ law restricting drag performances, ruling that the measure violated the First Amendment and improperly threatened performers and businesses with criminal and financial penalties for protected expression.

U.S. District Judge David Hittner, a Reagan appointee, found that Texas Senate Bill 12 was unconstitutionally broad and vague. The law could have subjected performers to misdemeanor charges carrying up to a year in jail, while businesses hosting prohibited performances could have faced fines of up to $10,000.

The First Amendment protects expression even when some people find it controversial or offensive. As Judge Hittner put it, people offended by these performances have a straightforward choice: “just don’t go.”

The judge also warned that the law’s sweeping language could reach far beyond drag, potentially encompassing theater, dancing, cheerleading, and other common performances. Government should not be able to use vague laws and the threat of punishment to suppress forms of expression it disfavors.

After years of litigation, the ruling prevents Texas Attorney General Ken Paxton from enforcing the law and affirms that drag performances are entitled to constitutional protection.

Add your name to celebrate Judge David Hittner’s ruling for striking down Texas’ unconstitutional drag ban, defending freedom of expression, and protecting First Amendment rights.