Texas once again cannot enforce its restrictions on some public drag shows after a federal judge on Tuesday declared a 2023 law unconstitutional for the second time.U.S. District Judge David Hittner initially declared Senate Bill 12 unconstitutional in September 2023 only a few months after it was passed by the Texas Legislature, citing First Amendment violations. More than two years later in November, the 5th U.S. Circuit Court of Appeals unblocked the law and returned the case to Hittner with specific instructions on how to reassess it.Hittner reaffirmed his ruling Tuesday, stating in his order that besides removing several plaintiffs and defendants from the lawsuit, the appellate court’s decision “did not disturb” his prior decision declaring SB 12 unconstitutional. The ruling again pauses the law, which had gone into effect in March after the 5th Circuit’s decision.
The ruling described SB 12 as overly broad in its definitions of performance and nudity, stating that provocative cosplay at conventions, swimming athletes or Dolly Parton and Elvis impersonators could potentially be penalized under the law.“The vast majority of the law’s numerous applications violate the First Amendment because all the performances that it has an actual impact on are constitutionally protected and are targeted for prohibition based on content and viewpoint,” Hittner wrote.
