Edited by Anya Bhandari, Gabriel Hentschel, and Sofia Meinardus
Abstract
Texas Senate Bill 12 (S.B. 12) restricts "sexually oriented performances." Under the law, any show featuring nudity or sexual conduct on public property, or in the presence of an individual under 18 years of age, is prohibited. This paper argues that Texas should replace S.B. 12 with a narrower, conduct-based framework that protects minors while avoiding unconstitutional suppression of lawful expression. S.B. 12 is constitutionally vulnerable since it selectively borrows language from obscenity and harmful-to-minors doctrine without fully embracing those principles within the frameworks which prevent overreach. In doing so, the paper argues that the statute creates uncertainty for performers, educational institutions, and organizations that must evaluate legal risk before courts have determined the extent of the law. The paper further states that because live performances require advance planning, scheduling, and institutional approval, the statute pressures organizations to modify, pre-screen, or cancel their protected expression to prevent legal consequences.
