In The News

Federal Judge Rules Texas Drag Ban Violates First Amendment

A federal judge struck down Texas’ ban on drag performances Tuesday as a violation of the First Amendment.

U.S. District Judge David Hittner, a Reagan-appointee, found that Texas’ law prohibiting “sexually oriented performances” on public property or in the presence of a minors “impermissibly infringes on the First Amendment and chills free speech.” The American Civil Liberties Union (ACLU) filed its lawsuit against the ban on behalf of LGBTQ+ rights advocates and drag queens on Aug. 2.

“Not all people will like or condone certain performances,” the judge wrote. “This is no different than a person’s opinion on certain comedy or genres of music, but that alone does not strip First Amendment protection.”

“However, in addition to the pure entertainment value there are often political, social, and cultural messages involved in drag performances which strengthen the Plaintiffs position,” Hittner continued.

https://twitter.com/ACLUTx/status/1706741190844948577?ref_src=twsrc%5Etfw” target=”_blank” rel=”noopener
Hittner issued a temporary injunction Aug. 31, blocking the law the day before it was scheduled to take effect. Texas Republican Gov. Greg Abbott signed the law in June.

“LGBTQIA+ Texans, venue owners, performers, and our allies all came together to uphold free expression in our state — and we won,” the ACLU of Texas tweeted. “This work isn’t done but for now we celebrate. Long live Texas drag!”

On Thursday, U.S. District Judge Matthew Kacsmaryk, a Trump-appointee, ruled that the West Texas A&M University president’s decision to cancel a campus drag show did not violate the First Amendment.

Content created by The Daily Caller News Foundation is available without charge to any eligible news publisher that can provide a large audience. For licensing opportunities of our original content, please contact licensing@dailycallernewsfoundation.org

Katelynn Richardson

Share
Published by
Katelynn Richardson

Recent Posts

Now That The House Has Voted To Rein In Trump’s War With Iran, What Happens Next?

The House of Representatives passed a war powers resolution Wednesday to rein in President Donald…

14 hours ago

Who Really Won The Midterms’ Gerrymandering War? The Answer May Come Down To A Few Races

With the dust all but settling from the hard-fought redistricting war between Republicans and Democrats,…

14 hours ago

The SPLC’s Real Scam

It turns out that the most generous funder of white supremacist groups in the United…

20 hours ago

Is AI Making Your Kids Dumber? Over Half Of Teachers Surveyed Say It May Be

Most teachers are concerned about their students’ education amid the looming artificial intelligence revolution, a…

20 hours ago