His advice for ‘those who find such activities as described in this case offensive’?
“The solution is relatively simple … just don’t go.” said Judge David Hittner
This is round two for Senate Bill 12, the 2023 law banning “sexually oriented performances” in front of minors that everyone involved understood to mean drag.
Hittner already struck it down once, back in September 2023, before the Fifth Circuit revived it and let Texas start enforcing it this past March. Now the same judge has blocked it again, ruling that the law’s definitions are so vague and sweeping that they amount to content and viewpoint discrimination, the exact thing the First Amendment exists to prevent.
A federal judge had to sit down, review the case law, and formally issue the legal opinion that if you don’t like drag shows you can simply not buy a ticket. Somewhere a queen is lip-syncing to the sound of a gavel.
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