From Judge Kurt Engelhardt, joined by Judge Leslie Southwick in today's Woodlands Pride, Inc. v. Paxton (Judge James Dennis, who had been a member of the original panel and had dissented in part, retired from service since then and thus didn't participate):
A Texas law regulates sexually oriented performances on public property and in the presence of minors. A drag performer and others in the drag industry brought a pre-enforcement challenge, alleging that the law facially violates the First Amendment and is unconstitutionally void for vagueness. After a two-day bench trial, the district court agreed with the plaintiffs and permanently enjoined the appellants from enforcing the law. We vacate that injunction and remand….
Texas Senate Bill 12 ("S.B. 12") regulates "sexually oriented performances" on public property and in the presence of minors. A "sexually oriented performance" is "a visual performance" that (1) features a performer who "is nude" or "engages in sexual conduct," and (2) "appeals to the prurient interest in sex" [which means that the] {material, at a minimum, must be "in some sense erotic"}….
