Posted on Sep 26, 2023
Federal judge rules Texas drag ban unconstitutional
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A Texas law prohibiting certain “sexually oriented” performances from taking place on public property or where they may be viewed by minors is unconstitutional, a federal judge declared Tuesday.
District Judge David Hittner, who had temporarily halted the state’s ban a day before the law was set to take effect in August, in a ruling on Tuesday wrote it represented “an unconstitutional restriction on speech” and barred state officials, including the attorney general, from enforcing it.
District Judge David Hittner, who had temporarily halted the state’s ban a day before the law was set to take effect in August, in a ruling on Tuesday wrote it represented “an unconstitutional restriction on speech” and barred state officials, including the attorney general, from enforcing it.
Federal judge rules Texas drag ban unconstitutional
Posted from thehill.com
State of Texas
1st Amendment
Freedom of Speech
Constitution
Posted 7 mo ago
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PO1 William "Chip" Nagel
..."The American Civil Liberties Union (ACLU) of Texas, which represented the plaintiffs in the case, celebrated Hittner’s ruling on X, the platform formerly known as Twitter.
“LGBTQIA+ Texans, venue owners, performers, and our allies all came together to uphold free expression in our state — and we won,” the group wrote Tuesday. “This work isn’t done but for now we celebrate. Long live Texas drag!”
Texas’s Republican Attorney General Ken Paxton, who recently survived an impeachment trial, had argued the plaintiffs had not shown “an injury that is actual or imminent” and had failed to prove that drag shows are expressive conduct that warrants First Amendment protection.
Paxton’s office did not immediately return a request for comment.
The state is expected to appeal Hittner’s ruling.
At least six states have enacted laws restricting “adult” or drag performances, which LGBTQ and civil rights groups including the ACLU have argued could also target transgender people.
Bans in Florida, Montana and Tennessee are temporarily blocked by court orders."
..."The American Civil Liberties Union (ACLU) of Texas, which represented the plaintiffs in the case, celebrated Hittner’s ruling on X, the platform formerly known as Twitter.
“LGBTQIA+ Texans, venue owners, performers, and our allies all came together to uphold free expression in our state — and we won,” the group wrote Tuesday. “This work isn’t done but for now we celebrate. Long live Texas drag!”
Texas’s Republican Attorney General Ken Paxton, who recently survived an impeachment trial, had argued the plaintiffs had not shown “an injury that is actual or imminent” and had failed to prove that drag shows are expressive conduct that warrants First Amendment protection.
Paxton’s office did not immediately return a request for comment.
The state is expected to appeal Hittner’s ruling.
At least six states have enacted laws restricting “adult” or drag performances, which LGBTQ and civil rights groups including the ACLU have argued could also target transgender people.
Bans in Florida, Montana and Tennessee are temporarily blocked by court orders."
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