A federal appeals court on Thursday allowed a Texas law outlawing minors from attending “sexually oriented performances” to proceed, after a lower court previously struck down the law as unconstitutional.

A three-judge panel on the U.S. Court of Appeals for the Fifth Circuit tossed a 2023 ruling from a federal district court that had permanently blocked the law, which bans “sexually oriented performances,” including drag shows, from being performed on public property and in the presence of people under the age of 18 years old. The panel sent the case back to the lower district court and instructed the judge to review whether the law violated the Free Speech Clause of the First Amendment .

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