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Culture War Roundup for the week of August 24, 2026

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Dolly Parton might sadly be gone, but her legacy as one of America's greatest continues to live on in many ways. Today being a victory for free speech, with Texas Senate Bill 12, the "drag show ban" being ruled unconstitutional by Reagan appointee judge David Hittner for the pretty obvious reason that it violated the first amendment.

Dolly Parton's legacy is intertwined in this ruling in a few ways.

  1. She is cited by Hittner as one example of ‘erotic’ elements in countless popular performances that could be subject to both civil and criminal penalties under S.B. 12,” citing Dolly Parton specifically with "“as a voluptuous sex symbol because of her big hair, flamboyant clothes and breast exposure”.

  2. One of the plaintiffs in the case, Brigitte Bandit is a drag queen known for doing Dolly Parton impressions.

  3. Parton herself had given Bandit a guitar covered in rhinestones after Bandit had testified at the Texas capitol against the drag ban.

It is important to note that the drag ban was on its face, "neutral" and didn't mention drag at all. The phrasing used was "sexually oriented performances", as Texas had tried to get around any textual blatant viewpoint discrimination. But expanding it to cover typical drag shows as stated for the intent required such vague wording that it could also possibly impact things exactly like Dolly Parton. If a impersonation of Dolly Parton by a man is too sexual, than Dolly Parton is too sexual.

Some other examples Hittner used included Miley Cyrus twerking, Lady Gaga, some more revealing cosplays, and swimmers in attractive bikinis. And even before the law was put into action, apparently The Texas House Research Organization had specifically listed cheerleading alongside concerts and theatrical performances as potential threats. It's so broad and the problems so well known ahead of time that it's possible this law was intended to fail to begin with, that it was red meat for censor loving voters.

Regardless of intent, there's one interesting takeaway from this then. If the state has to textually prohibit a large berth of standard constitutionally protected mainstream entertainment in order to target and censor drag shows, then the problem exists entirely within the attempted censoring of drag shows. If any drag show had a unique and non protected issue, that particular issue can be dealt with specific and focused laws.

Hittner also includes an answer for those who don't wish for them or their kids to see a drag show. Don't go. If you find something offensive, instead of using big government to censor it just don't show up and watch it. You have every right to boycott whatever you please.

Today being a victory for free speech, with Texas Senate Bill 12, the "drag show ban" being ruled unconstitutional by Reagan appointee judge David Hittner for the pretty obvious reason that it violated the first amendment.

It's not obvious that this actually violates the cut up 1st amendment as it stands. For example, a Texas federal jury put Thomas Allen Arthur in prison for 40 years merely for obscene speech. Obviously you can either jail people because they hurt your feelings or you can't. Americans have chosen the former option. There is no firm reason to draw the line at gay pedophile and not just gay.

See my response to Thomas Arthur here.

To the extent this is a response, I think it supports the argument in favor of drag show bans. They are obviously bad, like child obscenity is obviously bad. Arguments that they are artistic are ridiculous and not credible.

I would appreciate specific elaboration on what you think are the specific differences. And please avoid trying to provide lots of examples or lots of various theories. Just the strongest theory and the strongest example would do well for me.

They are obviously bad, like child obscenity is obviously bad. Arguments that they are artistic are ridiculous and not credible.

You are sneakily building consensus here, as not everyone believes they are "obviously" bad, and claiming that those who actually do believe they are artistic are broken in some fundamental way that allows their opinions to be ignored.