A federal judge on Tuesday ruled against a drag performance ban in Texas, saying it violates the First Amendment.
U.S. District Judge David Hittner, appointed by President Reagan, found That Texas law Prohibiting “sexually oriented performances” in public places or in front of minors “severely violates the First Amendment and chills free speech.” The American Civil Liberties Union (ACLU) lawsuit On August 2nd, I opposed the ban on behalf of LGBTQ+ rights advocates and drag queens.
“Not everyone likes or tolerates a particular performance,” the judge wrote. “This is no different than a person’s opinion about a particular comedy or genre of music, but that alone does not strip them of their First Amendment protections.”
“However, in addition to their pure entertainment value, drug performances often contain political, social, and cultural messages that strengthen the plaintiff’s position,” continued Hittner. (Related: Drag queen advocate whispers in court during testimony on law banning children’s drugs)
Victory: A federal judge declares Texas’ drug ban unconstitutional.
LGBTQIA+ Texans, venue owners, performers, and our allies all came together to protect free expression in our state, and we won.
This work isn’t done yet, but for now, let’s celebrate. Long live Texas drugs!
— ACLU of Texas (@ACLUTx) September 26, 2023
Mr. Hittner issued a preliminary injunction blocking the law on August 31, the day before it was scheduled to go into effect. Texas Republican Governor Greg Abbott signed the law in June.
ACLU of Texas: “When LGBTQIA+ Texans, venue owners, performers, and our allies all came together to protect freedom of expression in our state, we won.” tweeted. “The job isn’t done yet, but now we’re celebrating. Long live Texas Drugs!”
On Thursday, U.S. District Judge Matthew Kacsmarik, who was appointed by President Trump, control West Texas A&M University’s president’s decision to cancel a campus drag show does not violate the First Amendment.
All content produced by the Daily Caller News Foundation, an independent, nonpartisan news distribution service, is available free of charge to legitimate news publishers with large audiences. All republished articles must include our logo, reporter byline, and DCNF affiliation. If you have any questions about our guidelines or partnering with us, please contact us at [email protected].
