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Federal judge blocks Texas drag ban again, citing free speech

From Jerusalem Post · () English

Translated from English and summarized by DistantNews. Read the original for the full story.

At a glance

News From a news agency Outcome reported
  • A federal judge has blocked a Texas law restricting public drag performances for a second time, ruling it violates the US Constitution's free speech protections.
  • US District Judge David Hittner found the law "unconstitutionally vague," stating that even performances by artists like Dolly Parton could be penalized.
  • Texas Attorney General Ken Paxton criticized the ruling, calling it "profoundly flawed" and a threat to Texas values, while the ACLU of Texas celebrated the decision.

A federal judge has once again blocked a Texas law that sought to restrict public drag performances, ruling for the second time that the legislation violates the US Constitution's free speech protections.

For those who find such activities as described in this case offensive, the solution is relatively simple... just don't go.

— US District Judge David HittnerIn his opinion blocking the Texas drag performance law for a second time.

US District Judge David Hittner described the law as "unconstitutionally vague." He noted that under its broad language, performers ranging from Dolly Parton and Elvis Presley to Miley Cyrus could have faced penalties if their acts were deemed "erotic." Hittner previously blocked the law in 2023, but it was allowed to take effect during an appeal.

The law is unconstitutionally vague.

— US District Judge David HittnerDescribing the Texas Senate Bill 12.

The law, Texas Senate Bill 12, was defended by Texas Attorney General Ken Paxton's office. It prohibited "the exhibition of sexual gesticulations using accessories or prosthetics that exaggerate male or female sexual characteristics" in public or in places accessible to minors. Paxton, a Republican running for the US Senate, condemned the judge's decision as "a profoundly flawed decision that endangers our children and is an affront to Texas values."

A profoundly flawed decision that endangers our children and is an affront to Texas values.

— Ken PaxtonTexas Attorney General, criticizing the judge's ruling.

Opponents of the law, including the ACLU of Texas, which represented the plaintiffs, criticized it as overly broad and specifically targeted at LGBT performers. Brian Klosterboer, senior staff attorney at the ACLU of Texas, stated, "Today’s decision confirms that the Legislature’s attempt to ban drag performances was unconstitutional from start to finish." He added, "Drag has a rich history as a refuge of joy and liberation for countless Texans, and it’s not going anywhere."

Today’s decision confirms that the Legislature’s attempt to ban drag performances was unconstitutional from start to finish.

— Brian KlosterboerSenior staff attorney at the ACLU of Texas, commenting on the ruling.
About this summary

Originally published by Jerusalem Post in English. Translated, summarized, and contextualized automatically by DistantNews, with a note on how the source frames the story. Not individually reviewed before publishing. How this works.

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