A federal judge has blocked a Texas law that restricts sexually oriented performances in public or where minors may be present for the second time since it was signed into law.
In 2023, Gov. Greg Abbott signed Senate Bill 12 into law. The law restricts sexually oriented performances on public property, at commercial establishments or in the presence of anyone younger than 18. SB 12 also created criminal and civil penalties for violations, including a Class A misdemeanor for certain performers and a $10,000 civil penalty for each offense.
U.S. District Judge David Hittner, who was appointed by President Ronald Reagan, initially ruled in September 2023 that the law was unconstitutional, saying it was overly broad, infringed on First Amendment rights and chilled free speech.
However, in February 2026, the 5th Circuit Court of Appeals ruled that Hittner’s injunction blocking the law could not stand and sent the case back to him for further review. The law took effect in March 2026
On Tuesday, Hittner once again ruled that the law could not stand because it is “unconstitutionally vague,” and “fails to give a reasonable person notice of what is prohibited.”
Hittner’s reasoning also drew attention when he wrote that other types of performances, including cheerleading, dancing, and live theatre, could potentially fall under the law.
“Because S.B. 12 does not specify who determines whether a performance ‘appeals to the prurient interest,’ or require that the work be taken as a whole, a single moment of eroticism could condemn an entire performance to criminal or civil penalties,” Hittner wrote.
Hittner cited Elvis Presley, Dolly Parton and Miley Cyrus as examples of performers whose acts or appearances could potentially have been subject to the law.
“Just as many people criticized Elvis’s signature hip gyrations and were offended by his display of male sexuality, chastised Dolly Parton as a voluptuous sex symbol because of her big hair, flamboyant clothes and breast exposure, and shamed Miley Cyrus for ‘twerking’ on stage during a live performance at the 2013 MTV Video Music Awards, there are ‘erotic’ elements in countless popular performances that could be subject to both civil and criminal penalties under S.B. 12,” he added.
Hittner also offered a piece of advice for those who oppose sexually explicit performances:
“For those who find such activities as described in this case offensive, the solution is relatively simple… just don’t go.”
In addition to blocking the law once again, Hittner permanently barred Attorney General Ken Paxton from enforcing it and denied Paxton’s request for a new trial. The court declared SB 12 an unconstitutional restriction on speech and permanently enjoined Paxton from enforcing the law
The plaintiffs in the case celebrated Hittner’s decision, with drag performer Brigitte Bandit saying it was a relief.
“Drag has always been a form of free expression, and it is a relief that the court recognized that today,” Bandit said. “We use our performances to assert liberation, power, and joy with our community. As a lifelong Texan, I’m sick of this state trying to censor art and stoke hatred and violence against drag artists and the LGBTQIA+ community.”
After the ruling was released, Paxton made a public statement saying he would immediately appeal.
“This is a profoundly flawed decision that endangers our children and is an affront to Texas values,” Paxton said. “I will appeal this decision immediately and continue to fight to protect our kids.”
