Story perspectives

Judge Blocks Texas SB 12, Calls It Unconstitutional Overreach

8/27/2026

Summary

Story summary

U.S. Judge David Hittner ruled Texas Senate Bill 12 unconstitutional on Aug. 25, 2026.
He said the law’s overbreadth, shown by Dolly Parton’s image, could criminalize a single erotic act.
The statute permits up to one-year jail for performers and fines businesses up to $10,000.
Judge Hittner blocked Attorney General Ken Paxton from enforcing the ban and denied his new-trial motion.

History

Historical Context

In 1997, the U.S. Supreme Court decided Reno v. ACLU, overturning the Communications Decency Act’s indecency ban and reinforcing First Amendment protection for adult content. Justice John Paul Stevens authored the 5-4 majority, noting that the law could chill speech for an estimated 2.5 million internet users. Similarly, in August 2026, U.S. District Judge David Hittner declared Texas Senate Bill 12 unconstitutional, arguing its overbroad language could criminalize a single erotic performance. The ruling curtails Attorney General Ken Paxton’s enforcement, signals heightened judicial scrutiny of state-level obscenity bans, and may prompt legislative revisions nationwide.

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Story summary

U.S. Judge David Hittner ruled Texas Senate Bill 12 unconstitutional on Aug. 25, 2026.
He said the law’s overbreadth, shown by Dolly Parton’s image, could criminalize a single erotic act.
The statute permits up to one-year jail for performers and fines businesses up to $10,000.
Judge Hittner blocked Attorney General Ken Paxton from enforcing the ban and denied his new-trial motion.

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