Full Breakdown
Federal Judge Blocks Texas Drag-Show Ban for Second Time, Citing First-Amendment Violations
8/26/2026, 9:01:25 PM
Core Event
U.S. District Judge David Hittner issued a ruling on Tuesday that permanently blocks Texas Attorney General Ken Paxton from enforcing Senate Bill 12, the 2023 law that sought to prohibit “sexually oriented” performances in the presence of minors. Hittner concluded the statute is overly broad and vague, violating the First Amendment. The decision also denies Paxton’s request for a new trial.
Background & Context
Senate Bill 12, enacted in March 2023, defined prohibited performances as those that appeal to the “prurient interest in sex.” Although the bill never mentions drag, opponents argued it targeted drag shows. The law allowed fines of up to $10,000 for business owners and classified violations by performers as a Class A misdemeanor, punishable by up to one year in jail and a $4,000 fine.
Hittner first struck down the law in September 2023; the Fifth Circuit lifted the injunction in November 2025 and directed a reassessment. Following that instruction, Hittner reaffirmed his original conclusion.
Key Figures & Groups
- David Hittner – U.S. District Judge.
- Ken Paxton – Texas Attorney General.
- Brigitte Bandit – Drag performer and plaintiff.
- American Civil Liberties Union of Texas – Representing the plaintiffs.
- Extragrams LLC and 360 Queen Entertainment LLC – Named in the lawsuit.
Data & Statistics
Official Statements & Responses
Judge Hittner wrote that the statute “a single moment of eroticism could condemn an entire performance” and suggested that anyone offended could simply “don’t go.”
On-the-Ground Reports
Plaintiff Brigitte Bandit celebrated the decision on Instagram, posting a screenshot of the ruling with the caption “Drag is free speech, b----.” She announced plans to perform as Dolly Parton at an Austin bar, honoring the late singer who died on August 25.
Why It Matters / Impact
The ruling reinforces constitutional protections for artistic expression and could affect similar legislation in other states. By declaring the law unconstitutional, the decision curtails a legislative effort that framed drag performances as inherently sexual, a flashpoint in broader culture-war debates. It underscores the judiciary’s role in reviewing statutes that potentially infringe on First-Amendment rights.
Verbatim Quotes
- “There are ‘erotic’ elements in countless popular performances that could be subject to both civil and criminal penalties under SB 12,” — David Hittner
- “Today’s decision confirms that the Legislature’s attempt to ban drag performances was unconstitutional from start to finish,” — Brian Klosterboer
- “Drag has always been a form of free expression, and it is a relief that the court recognized that today,” — Brigitte Bandit
- “This is an affront to Texas values,” — Ken Paxton
- “The vast majority of the law’s numerous applications violate the First Amendment because all the performances that it has an actual impact on are constitutionally protected and are targeted for prohibition based on content and viewpoint,” — David Hittner
