It’s a shocking rejection of basic free speech principles. For this Texas judge, it’s also par for the course.
by right-wing agitator Christopher Rufo alleging that drag promotes “perversions” that were “born in the sex dungeons of San Francisco” and now seek to corrupt children.
Finally, Kacsmaryk questioned whether drag even qualifies as “expressive conduct” deserving of First Amendment protection. Drag shows, he wrote, do not “obviously convey or communicate a discernable, protectable message.” Even if they did, a ban on drag would not discriminate on the basis of content or viewpoint, because it does not target “the specific motivating ideology or the opinion or perspective of the speaker.” It only targets “offensive” and “lewd” conduct with no expressive value.
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