U.S. News
Drag shows are protected speech: Federal judge rules
By Jake Beardslee · September 27, 2023
In brief…
- A federal judge struck down a Texas law restricting public drag performances, ruling it violated free speech protections.
- The law banned "sexual gesticulations" in public places where minors may be present.
- More than a dozen states have moved to limit drag shows.
- The decision comes amid legal battles nationwide over new laws targeting LGBT drag performers.
A federal judge struck down a new Texas law restricting public drag performances, ruling that it violated free speech protections.
U.S. District Judge David Hittner permanently blocked enforcement of the law Tuesday, saying it represented an unconstitutional limit on the First Amendment.
The measure, passed by Texas lawmakers last year, banned “sexual gesticulations using accessories or prosthetics” in public places or venues where minors may be present. Violations could result in fines and up to a year in prison.
Supporters said the law was needed to protect children from inappropriate content, but Judge Hittner ruled the restrictions went too far.
“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.”
The ruling comes as more than a dozen states have moved to restrict drag shows, which have roots in LGBT performance art.
Drag performers and LGBT advocates joined the ACLU in suing to block the Texas statute, arguing it was unconstitutionally vague and discriminatory. Judge Hittner agreed, saying modern drag is a protected form of free expression, not inherently obscene.
Other federal judges have issued similar rulings against new drag restrictions in Tennessee, Florida, and Montana. But Texas officials defended the law, saying it was needed to shield children.