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A federal judge this week threw out Texas’s headline-grabbing effort to limit public drag performances — and did it with a little country-music flair. U.S. District Judge David Hittner ruled that Senate Bill 12 (SB 12) is so vague and broad that it violates the First Amendment. In plain English: the state tried to write a speech rule, and the court said the law would reach too many ordinary shows and speakers.
What the ruling actually did
Judge Hittner issued an amended final judgment that declares SB 12 unconstitutional and bars Texas Attorney General Ken Paxton from enforcing it. The judge did not mince words about the law’s language. He said phrases like “appeals to the prurient interest in sex” and undefined terms such as “visual performance” and “nude” leave far too much open to subjective judgment. In practice, that vagueness could let officials or prosecutors pick and choose which performances to punish — a recipe for selective enforcement.
Why the court found the law overbroad and vague
The judge applied the legal tests the appeals court requested when it sent the case back. He concluded the statute was “overbroad” because it could sweep in harmless, protected performances — everything from classic country acts to satire — and “vague” because ordinary people and business owners would not know what conduct the law actually forbids. To make the point, Hittner even used mainstream performers as examples someone might wrongly brand “sexual” under SB 12. His practical advice for offended people: “just don’t go.” It’s blunt, maybe a tad snarky, but it highlights the constitutional problem.
What Republicans and Texas leaders should do next
State leaders say they will appeal, and they are right to push the issue up the ladder if they want clearer rules. Crafting a constitutional, targeted law aimed at protecting minors without criminalizing ordinary entertainment is hard but not impossible — it requires careful definitions and an honest test, not vague buzz words. Conservatives who back parental authority and public morals should demand better drafting from their lawmakers rather than blaming judges for calling out sloppy legislation.
For now, the ruling matters beyond one culture-war flashpoint. It reminds state legislatures that broad, emotionally driven bans are likely to lose in court. If the goal is to protect children and local communities, do the work: write precise laws, set clear standards, and respect the First Amendment. And if you don’t like a show, well — as Judge Hittner tersely suggested — just don’t go.
