Background: House Bill 134 would prohibit the use of state resources for “sexually explicit” programs or events like drag shows on state-funded facilities on community college and university campuses.
Our position: The ACLU of Wyoming opposes House Bill 134. This bill is a heavy-handed swipe at free speech and expression. Wherever there is an effort to restrict free speech and expression based on the content of that expression, the government has to have a compelling interest in that effort and must write such laws in the least speech-restrictive way possible. This bill does not do that. It’s impossible to define “sexually explicit” in a way that isn’t hopelessly vague and subjective, and government officials cannot impose their personal moral values on others.
It’s no secret that some of Wyoming’s elected officials deeply disfavor anything they associate with the queer community, such as drag performances, but when we’re talking about adhering to the First Amendment in the context of art and entertainment, defending free speech means tolerating some works that others might find “sexually explicit.” Freedom of expression for ourselves requires freedom of expression for others.
