TEXAS — Hittner described Senate Bill 12 as unconstitutionally vague and overly broad in his written opinion. He stated that the law failed to give a reasonable person notice of what is prohibited under its terms. "The solution is relatively simple.. just don’t go," Hittner wrote regarding the restrictions imposed by the legislation.

To illustrate the breadth of the statute, Hittner cited Dolly Parton in his ruling to demonstrate how the law's definition of performances appealing to prurient interest could encompass mainstream entertainment. He also noted that Governor Greg Abbott promoted Senate Bill 12 as a drag ban after its passage in 2023. The judge denied Ken Paxton's motion for a new trial alongside his final ruling on the merits of the case.

Senate Bill 12 bans sexually oriented performances in the presence of individuals younger than 18 years of age. The legislation imposes fines of up to $10,000 on business owners who host violating events. It also allows performers to be charged with a Class A misdemeanor punishable by up to one year in jail.

Ken Paxton responded to the decision by stating on X: "This is a profoundly flawed decision that endangers our children and is an affront to Texas values." Paxton said his office would appeal the ruling.

Why It Matters

This ruling represents the latest development in a multi-year legal conflict over the regulation of performance art in Texas. The decision blocks enforcement of a law that carried significant financial and criminal penalties for businesses and performers, affecting the operational landscape for venues hosting live entertainment. The finding that the law was unconstitutionally vague shows ongoing judicial scrutiny of statutes that define prohibited conduct broadly.

The case has moved through multiple stages of the federal court system, with appellate courts previously allowing the law to take effect before returning it for further review. The 5th U.S. Circuit Court of Appeals unblocked Senate Bill 12 and returned the case to Judge Hittner in November 2025, following an earlier period where an appeals court allowed the law to take effect in February while sending the case back to the district court. The expectation of an appeal by the state attorney general suggests the constitutional questions surrounding the bill may reach federal appellate courts again.

Timeline

On August 25, 2026, several key developments occurred. Judge Hittner wrote that 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. On the same day, U.S. District Judge David Hittner struck down Texas Senate Bill 12 on Tuesday.

He also ruled that Texas Senate Bill 12 violates the First Amendment of the U.S. Constitution. Brigitte Bandit posted on social media: "Drag is free speech, b----." Additionally, Judge Hittner stated in his ruling: "The solution is relatively simple.. just don’t go."

What's New

Recent reporting provides additional detail on the judicial reasoning and reactions to the strike-down. He wrote: "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." Texas Attorney General Ken Paxton stated on X: "This is a profoundly flawed decision that endangers our children and is an affront to Texas values." The ACLU of Texas issued a statement saying: "Drag has a rich history as a refuge of joy and liberation for countless Texans, and it’s not going anywhere."

Further context identifies Brigitte Bandit as a drag performer and a plaintiff in the case challenging Senate Bill 12. Procedural history shows the 5th U.S. Circuit Court of Appeals unblocked Senate Bill 12 and returned the case to Judge Hittner in November 2025. Earlier, an appeals court allowed Senate Bill 12 to take effect in February while sending the case back to the district court for review. Judge Hittner first ruled Senate Bill 12 unconstitutional in September 2023. In his recent opinion, Judge Hittner described Senate Bill 12 as unconstitutionally vague and overly broad.

How Sources Differ

Sources present differing details regarding the First Amendment analysis. David Hittner stated: he wrote: "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 con". The U.S. District Court for the Southern District of Texas ruling states: Judge Hittner ruled that Texas Senate Bill 12 violates the First Amendment of the U.S. Constitution.

There are discrepancies in the reporting on Senate Bill 12. The U.S. District Court for the Southern District of Texas ruling states: U.S. District Judge David Hittner struck down Texas Senate Bill 12 on Tuesday. The 5th U.S. Circuit Court of Appeals November 2025 ruling states: The 5th U.S. Circuit Court of Appeals unblocked Senate Bill 12 and returned the case to Judge Hittner in November 2025. Another variation appears between the U.S. District Court for the Southern District of Texas ruling, which states: U.S. District Judge David Hittner struck down Texas Senate Bill 12 on Tuesday, and the U.S. District Court for the Southern District of Texas September 2023 ruling, which states: Judge Hittner first ruled Senate Bill 12 unconstitutional in September 2023.

Reports differ on Judge Hittner's role and actions. Another difference exists between the U.S. District Court for the Southern District of Texas ruling, which states: Judge Hittner ruled that Texas Senate Bill 12 violates the First Amendment of the U.S. Constitution, and the U.S. District Court for the Southern District of Texas September 2023 ruling, which states: Judge Hittner first ruled Senate Bill 12 unconstitutional in September 2023.

Further differences appear regarding Senate Bill 12. Newsdata reports: An appeals court allowed Senate Bill 12 to take effect in February while sending the case back to the district court for review. Regarding Judge Hittner, the 5th U.S. Circuit Court of Appeals November 2025 ruling states: The 5th U.S. Circuit Court of Appeals unblocked Senate Bill 12 and returned the case to Judge Hittner in November 2025. The U.S. District Court for the Southern District of Texas ruling states: he noted that Governor Greg Abbott promoted Senate Bill 12 as a drag ban after its passage in 2023. Finally, the U.S. District Court for the Southern District of Texas September 2023 ruling states: Judge Hittner first ruled Senate Bill 12 unconstitutional in September 2023, while the U.S. District Court for the Southern District of Texas ruling states: he noted that Governor Greg Abbott promoted Senate Bill 12 as a drag ban after its passage in 2023.