Texas judge strikes down drag show ban citing First Amendment concerns

Published August 26, 2026 10:37am ET | Updated August 26, 2026 10:37am ET



A federal judge in Texas has struck down a 2023 state law restricting public drag performances, ruling that the measure violates the First Amendment and is unconstitutionally vague.

U.S. District Judge David Hittner, a nominee of President Ronald Reagan, ruled that Senate Bill 12, which sought to prohibit “sexually oriented performances,” is an unconstitutional restriction on speech. The law imposed civil penalties on businesses that hosted prohibited performances and criminal penalties on performers. It also gave counties and municipalities the authority to regulate or ban such performances.

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