Texas’ ban on certain drag shows is unconstitutional, federal judge says

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Texas’ ban on certain drag shows is unconstitutional, federal judge says
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Senate Bill 12 would have prohibited performers from dancing suggestively or wearing certain prosthetics in front of children. Critics sued the state, saying it violated the First Amendment.

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Texas cannot enforce a new law that restricts some public drag shows, a federal judge said Tuesday in declaring the legislation unconstitutional.“impermissibly infringes on the First Amendment and chills free speech.” The struck-down law prohibited any performers from dancing suggestively or wearing certain prosthetics in front of children.

“The Court sees no way to read the provisions of SB 12 without concluding that a large amount of constitutionally-protected conduct can and will be wrapped up in the enforcement of SB 12,” the ruling reads. “It is not unreasonable to read SB 12 and conclude that activities such as cheerleading, dancing, live theater, and other common public occurrences could possibly become a civil or criminal violation.

“I believe the purpose of SB 12 is to push drag and queer artistry out of public spaces,” said Brigitte Bandit, an Austin-based drag performer, during August arguments. Bandit testified to the political messaging often included in her performances.

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