A federal court has struck down a Texas law that prohibited drag shows with minors in attendance, declaring that the law is an unconstitutional restriction on free speech.
In: federal court judge declares Texas SB 12 banning drag shows for kids unconstitutional:
— Holly Hansen (@hollyshansen) August 25, 2026
Background: https://t.co/GxLHrxPDdR pic.twitter.com/3f84i3Egdn
New: Conservative Federal Judge David Hittner once again rules against Ken Paxton, striking down a ban on drag shows as unconstitutional. Judge Hittner offers a bit of advice for those who may be offended: “Just don’t go.”#txlege #sb12 pic.twitter.com/FsiSV7Gz6E
— Miya Shay (@miyashay) August 25, 2026
The 87-year-old Judge David Hittner, an appointee of President Ronald Reagan, issued the ruling on Tuesday after a years-long battle undertaken by Texas Attorney General Ken Paxton to protect the state’s children from what are considered by Texas officials to be “sexually oriented performances.” Hittner says that, while some performances may be considered "in some sense erotic," the acts do not amount to nudity or sexual content.
“For those who find such activities as described in this case offensive, the solution is relatively simple…just don’t go,” wrote Hittner in the decision.
Texas Governor Greg Abbott signed the bill into law in 2023, where it was quickly targeted by national groups for a suit. Hittner issued a temporary restraining order on the new law in August of that year, but his decision was appealed by Paxton’s office. The Fifth Circuit Court of Appeals vacated the decision and punted the case back to Hittner, who once again ruled against Texas, according to the Texan.
Paxton announced his that he would appeal the ruling shortly after the decision was handed down, calling it "an affront to Texas values."
This is a profoundly flawed decision that endangers our children and is an affront to Texas values.
— Attorney General Ken Paxton (@KenPaxtonTX) August 25, 2026
I will appeal this decision immediately and continue to fight to protect our kids. https://t.co/FRbuDe5Rpx
The ruling strikes a major blow to social conservatives in Texas who fought for years to bring an end to the practice of drag shows hosted for minors.
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