The judge used the words of the bill’s author to determine that the legislation was unmistakably crafted with discriminatory intent, constituting an unconstitutional breach of freedom of speech and imposing content-based restrictions.
, the Judge using Rep. Mitchell’s words to rule that the drag ban is likely unconstitutional.
In ruling that the law was unconstitutional, the judge evaluated it on a few different grounds. The first ground was on freedom of speech/first amendment protections. In several hearings against the bill, advocates pointed out that the bill fails to apply the Miller test for obscenity, rendering it unconstitutional.
Whether the work depicts or describes, in a patently offensive way, sexual conduct specifically defined by the applicable state law; andThe law, however, does not give any carveout for “patent offensiveness,” nor does it give any carveout for artistic, literary, political, or scientific value.
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